Narrative Opinion Summary
An interlocutory appeal has been filed regarding a temporary injunction issued by the 298th Judicial District Court of Dallas County, Texas, which prohibits Richard Gehrke from engaging in specified activities. Merritt Hawkins and Associates, LLC (appellee), claims that Gehrke has violated this injunction on three occasions and has requested the Court of Appeals to initiate an enforcement proceeding under Texas Rule of Appellate Procedure 29.4. The appellee seeks a referral to the trial court for a show-cause hearing. Gehrke and Pacific Companies, Inc. (co-appellant) oppose this motion, arguing that there is no admissible factual basis for the claims of violation. The Court of Appeals has granted the motion and referred the case back to the trial court for an evidentiary hearing to determine appropriate relief. The Clerk of the Court is instructed to send copies of the order, the appellee's motion, and the appellants' response to the trial court's presiding judge, Emily G. Tobolowsky.
Legal Issues Addressed
Enforcement of Temporary Injunctionssubscribe to see similar legal issues
Application: The Court of Appeals addressed the enforcement of a temporary injunction by granting the appellee's motion to refer the case back to the trial court for further proceedings.
Reasoning: The Court of Appeals has granted the motion and referred the case back to the trial court for an evidentiary hearing to determine appropriate relief.
Interlocutory Appeal Processsubscribe to see similar legal issues
Application: An interlocutory appeal was filed regarding a temporary injunction, allowing the Court of Appeals to assess the request for enforcement and subsequent referral to the trial court.
Reasoning: An interlocutory appeal has been filed regarding a temporary injunction issued by the 298th Judicial District Court of Dallas County, Texas, which prohibits Richard Gehrke from engaging in specified activities.
Opposition to Motion Based on Lack of Evidencesubscribe to see similar legal issues
Application: The appellants opposed the motion for enforcement on the grounds of lacking admissible evidence to support claims of violation.
Reasoning: Gehrke and Pacific Companies, Inc. (co-appellant) oppose this motion, arguing that there is no admissible factual basis for the claims of violation.
Procedural Instructions for Court Clerkssubscribe to see similar legal issues
Application: The Court of Appeals instructed the Clerk to disseminate relevant documents to the trial court's presiding judge.
Reasoning: The Clerk of the Court is instructed to send copies of the order, the appellee's motion, and the appellants' response to the trial court's presiding judge, Emily G. Tobolowsky.
Referral for Show-Cause Hearingsubscribe to see similar legal issues
Application: The appellee's request for a show-cause hearing was recognized, resulting in the referral of the case to the trial court for an evidentiary hearing.
Reasoning: The appellee seeks a referral to the trial court for a show-cause hearing.