Legal Opinion · Dissent

Hill v. Mobile Auto Trim, Inc.

Court of Appeals of Texas

Decided November 1, 1985No. 05-85-00479-CVPublished

1DissentHowell, Justice

I dissent. Although the majority has recited several well established principles relating to temporary injunction appeals, it has made no effort to demonstrate that they are applicable to the facts of this case. It takes no heed of the equally well established proposition that no temporary injunction can be granted where the evidence affirmatively shows that the applicant will not or cannot prevail at the trial on the merits. The majority opinion is in conflict with the authorities cited herein.

An examination of the facts is necessary. Mobile Auto Trim is an automobile trim and reconditioning…

2Cases cited13 opinions

  1. State v. Southwestern Bell Telephone Co.Texas Supreme Court · 1975
  2. Weatherford Oil Tool Company v. CampbellTexas Supreme Court · 1960
  3. Lewis v. Krueger, Hutchinson and Overton ClinicTexas Supreme Court · 1954
  4. Wisconsin Ice & Coal Co. v. LuethWisconsin Supreme Court · 1933
  5. Frankiewicz v. National Comp AssociatesTexas Supreme Court · 1982

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