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470 S.W.2d 248

Allen v. Cothran

Court of Appeals of Texas

Decided August 19, 1971

Court of Appeals of Texas · decided 1971-08-19

Relies on State v. Cook United, Inc. · West v. Pennyrich International, Inc. · Insurance Co. of North America v. Cash

Decided 1971-08-19

¶1OPINION

McDONALD, Chief Justice.

¶2This is an appeal from an order of the trial court granting a temporary injunction.

¶3The order enjoins appellants from “destroying, damaging, removing or defacing any of the walls, ceilings, ducts, plumbing fixtures, lighting fixtures, and all other fixtures which are attached to the building” owned by appellee, but does not state any reason for its issuance.

¶4Appellant appeals contending the trial court’s granting temporary injunction without such order stating the reasons for its issuance constitutes reversable error.

¶5Rule 683 Texas Rules of Civil Procedure provides: “Every order granting an injunction shall set forth the reasons for its issuance, This provision is mandatory. State of Texas v. Cook United, Inc., Tex., 464 S.W.2d 105; West v. Pennyrich International, Inc. Tex.Civ.App., NWH, 447 S.W.2d 771; Parks et al. v. Frankfort et ux., Tex.Civ.App., NWH, 465 S.W.2d 846.

¶6Appellants’ contention sustained. Judgment is reversed, temporary injunction vacated, and cause remanded.

¶7Reversed and remanded.

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