Legal Opinion

In Re Walkup

Texas Court of Appeals, 1st District (Houston)

Decided August 7, 2003No. 01-03-00131-CVPublishedCited by 9 opinions

1Opinion of the Court

OPINION

EVELYN KEYES, Justice.

In this mandamus proceeding, we must decide how to calculate the fourteen-day maximum length for a temporary restraining order (TRO). Specifically, we must decide whether a TRO granted on January 30, 2003 at 2:30 p.m. expired on February 13 at 2:30 p.m., fourteen 24-hour periods after it was granted, or whether it expired on February 13 at midnight, fourteen calendar days after it was granted. We hold that the TRO expired on February 13 at midnight.

Facts

The real parties in interest, EPA Solutions, L.L.C. and Ronald D. Tilbury, sued relators Kenneth J. Walkup and…

2Cases cited3 opinions

  1. In Re Texas Natural Resource Conservation CommissionTexas Supreme Court · 2002
  2. Long v. City of Wichita FallsTexas Supreme Court · 1944
  3. Gonzalez v. State, Texas Court of Appeals, 1st District (Houston)1989

3Cited by9 opinions

  1. BASF FINA Petrochemicals Ltd. Partnership v. H.B. Zachry Co., Texas Court of Appeals, 1st District (Houston)2004
  2. Simulis, L.L.C. v. G.E. Capital Corp., Texas Court of Appeals, 1st District (Houston)2008
  3. Officer Robin Talley v. the City of Killeen, Texas Court of Appeals, 3rd District (Austin)2013
  4. Goodman v. Wachovia Bank, National Ass'n, Texas Court of Appeals, 5th District (Dallas)2008
  5. Anthony Welch Dba Superior Consulting Group v. Morgan Stanley Mortgage, Texas Court of Appeals, 1st District (Houston)2023

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