Gannon v. Payne

KILGARLIN, Justice.

At issue is whether a party to a pending Texas lawsuit may be enjoined from taking any action in a lawsuit he subsequently filed in a foreign jurisdiction in which some of the same parties and same issues are involved. The trial court granted Robert B. Payne a temporary injunction prohibiting Fred G. Gannon from pursuing a suit in the Court of Queen’s Bench, Alberta, Canada. The court of appeals originally held that the trial court had abused its discretion and ordered the temporary injunction be dissolved. However, on rehearing, the court withdrew its earlier opinion and,…