Dunn v. Patton

WILSON, Justice.

The temporary injunction decree appealed from restrains appellant from completing, maintaining and using a building which the court determined violated restrictive covenants governing construction on the land on which it was erected.

Appellees move to dismiss the appeal for failure of appellant to file a brief. The motion is overruled. No brief is required under Rule 385(d), Texas Rules of Civil Procedure. Since the time for filing brief has expired, our duty is to determine whether from “the bill and answer and such affidavits and evidence as may have been admitted” the decree…