Smith v. Hamby

OPINION

HUGHES, Justice.

This is an interlocutory appeal challenging the propriety of a temporary mandatory injunction. Upon the application of Keith Jennings Hamby, the trial court ordered Lou A. Smith, to vacate possession of the premises in dispute pending outcome of trial as to title. Smith has appealed.

We reverse and dissolve the temporary injunction.

We quote from the pertinent portion of the Order for Temporary Injunction:

“On February 7th, 1980, the Court having considered the application of KEITH J. HAMBY, Plaintiff, for a temporary injunction upon his verified petition after due notice…