Cannan v. Green Oaks Apts., Ltd.

At issue in this case is whether a property owner can recover damages based solely upon a violation of a Temporary Restraining Order (TRO) by the lienholder, without alleging an independent cause of action. The trial court dismissed the action for damages. The court of appeals reversed the judgment of the trial court and remanded the cause for trial. 749 S.W.2d 128. This court has earlier held that in a contempt proceeding a private party cannot recover damages for a violation of a court order. Edrington v. Pridham, 65 Tex. 612 (1886). Because the facts of this case do not properly place the…