Priest v. Texas Animal Health Commission

I dissent. The majority opinion will not stand up to close analysis.(1) The majority concludes by affirming on grounds that “the trial court did not abuse its discretion.” The wrong test has been applied. Summary judgment will not lie unless the movant shows his entitlement thereto as a matter of law. It is error to award an injunction through the summary judgment process unless the movant’s proof is such that the trial court is wholly without discretion. Only where the summary judgment evidence is such that it demonstrates that the denial of relief would be a clear abuse of discretion may a…