TEMPORARY INJUNCTIVE RELIEF IN TEXAS

1 TEMPORARY INJUNCTIVE RELIEF IN TEXAS . DAVID F. JOHNSON, Fort Worth Winstead PC. State Bar of TEXAS 42ND ANNUAL. ADVANCED CIVIL TRIAL. San Antonio July 17-19, 2019. Dallas August 21-23, 2019. Houston October 30-November 1, 2019. CHAPTER 25. David Fowler Johnson Winstead Managing Shareholder Fort Worth Fiduciary and Commercial Trial and Appellate Litigation 300 Throckmorton, Suite 1700. Fort Worth, TEXAS 76102. Direct Fax David's broad appellate experience includes: appeals from final judgments from pre-trial orders such as summary judgments or from jury trials;. interlocutory appeals dealing with TEMPORARY injunctions, arbitration, special appearances, sealing the record, and receiverships.

2 Original proceedings such as seeking and defending against mandamus RELIEF ; and seeking emergency RELIEF staying trial court's orders pending appeal or mandamus David previously taught Appellate Advocacy at TEXAS Wesleyan University School of Law located in Fort Worth. David is licensed and has practiced in the Supreme Court; the Fifth, Seventh, and Eleventh Federal Circuits; the Federal District Courts for the Northern, Eastern, Southern and Western Districts of TEXAS ; the TEXAS Supreme Court and various TEXAS intermediate appellate courts. Although David is based in Fort Worth (Tarrant County, TEXAS ), he has a state-wide practice. David is board certified in civil trial law, civil appellate law, and personal injury trial law by the TEXAS Board of Legal Specialization.

3 Out of approximately 100,000 licensed attorneys in TEXAS , David is one of fewer than 30. practicing attorneys in the State of TEXAS with this particular triple certification. David was a member of the Civil Trial Law Commission of the TEXAS Board of Legal Specialization that writes and grades the exam for new applicants for civil trial law certification. David typically works on sophisticated cases dealing with trust and probate litigation and commercial litigation. David has authored many legal articles and spoken at numerous legal education courses on both trial and appellate issues. His articles have been cited as authority by the TEXAS Supreme Court and the TEXAS Courts of Appeals located in El Paso, Waco, Texarkana, Beaumont, Tyler and Houston (Fourteenth District), and a federal district court in Pennsylvania.

4 David's articles also have been cited by McDonald and Carlson in their TEXAS Civil Practice treatise, William v. Dorsaneo in the TEXAS Litigation Guide, and various authors in the Baylor Law Review, St. Mary's Law Journal, South TEXAS Law Review and Tennessee Law Review. Education Baylor Law School , magna cum laude, 1997. Mid-Year Law Award, Baylor Law Review Baylor University , Accounting, 1994. Professional & Community Involvement Board Member for the TEXAS Association of Bank Counsel (2017-2020). Board Member Carter Bloodcare Foundation (2018-present). Board Member Fort Worth Sister Cities (2013-2019). Board Member for the TEXAS Supreme Court Historical Society (2011-2017).

5 Board Member for Junior Achievement of the Chisholm Trial (2012-2015). Active member of First United Methodist Church, Fort Worth, TEXAS American Bar Association Appellate Rules and Statutes Sub-Committee, 2008-2009. Member Services Sub-Committee, 2006-2008. State Bar of TEXAS Appellate Section Member Services Sub-Committee, 2005-2008; Co-Chair, 2007-2008. Co-Chair of Rules Committee, 2009-2012. Bar Association of the Fifth Federal Circuit Eldon B. Mahon Chapter of the American Inns of Court (Master). Tarrant County Bar Association Appellate Section Leadership Committee, 2005-2007; President 2009-2010; Vice Chairperson 2008- 2009; Secretary 2007-2008. Judicial Liaison Committee, 2015-2017, Vice Chairperson 2016; President 2017.

6 Brown Bag Committee, 2004-2008. College of the State Bar of TEXAS Counsel of Appellate Lawyers (CAL). Rules Committee, 2007-2008. Pro Bono Liaison for Winstead's Fort Worth Office Awards & Recognition Named by Fort Worth's 360 West Magazine's as One of Tarrant County's Top Attorneys in 2017-2018. Named Power Attorney Award Winner By Fort Worth Business Press in 2014. Named We Strengthens Me Award Winner For Shareholder Category by Winstead in 2010. Named as one of The Best Lawyers in America for 2013 through 2019. Named by Fort Worth TEXAS Magazine as One of Tarrant County's Best Appellate Lawyers in 2004-2019, and in Civil Litigation in 2009. Named by TEXAS Monthly as a Super Lawyer in 2013-18.

7 Named by TEXAS Monthly as a TEXAS Rising Star in 2004, 2006-2012. Named One of D Magazine's Best Business Lawyers in Dallas in 2009. Named One of D Magazine's Best Lawyers in Dallas in appellate law 2008. Named One of D Magazine's Best Lawyers Under 40 in Dallas in 2004, 2006, 2007. Named One of Fort Worth Business Press's Forty Under Forty in 2003. The Editors of TEXAS Tech Law Review selected article entitled Narrowing the Ability to Strike Jurors: The TEXAS Supreme Court Addresses Important Voir Dire Issues as the Outstanding Lead Article in 2007. State Bar of TEXAS awarded Best Series Of Articles Substantive Law to the Tarrant County Bar Association based on various articles authored by David Johnson from 2008-2009.

8 Named Top Author in Estate Planning in JD Supra's 2017 and 2019 Readers' Choice Awards TEMPORARY INJUNCTIVE RELIEF in TEXAS Chapter 25. TABLE OF CONTENTS. I. INTRODUCTION .. 1. II. PURPOSE OF TEMPORARY INJUNCTIVE RELIEF : STATUS QUO .. 1. A. Status Quo Requirement .. 1. B. Prohibitive and Mandatory Injunctions .. 2. III. REQUIREMENTS FOR TEMPORARY RESTRAINING ORDERS OR TEMPORARY INJUNCTIONS .. 3. A. Equitable Requirements for TEMPORARY INJUNCTIVE RELIEF .. 3. B. Statutory Grounds for Injunctions .. 3. C. Burden of Proof .. 4. IV. PRELIMINARY ISSUES: JURISDICTION, VENUE, PARTIES .. 4. A. Subject Matter 4. B. Personal Jurisdiction .. 5. 1. Objecting to Personal Jurisdiction.

9 5. 2. Participating in TEMPORARY Injunction Procedure Does Not Waive Objection to Personal Jurisdiction .. 5. 3. Impact of Agreement to Extend TEMPORARY INJUNCTIVE RELIEF on Personal 6. 4. Impact of Jurisdiction Ruling on TEMPORARY Injunction .. 7. C. Venue for Injunction Suits .. 8. D. Parties .. 8. E. Geographic Scope of Injunction .. 9. V. TECHNICAL RULES FOR REQUESTING TEMPORARY INJUNCTIVE RELIEF .. 10. A. Rules for TEMPORARY Restraining Orders .. 10. B. Extending TEMPORARY Restraining Orders .. 11. C. Citation, Writ, Service, and Return of Service .. 11. 1. Citation .. 11. 2. Writ of Injunction .. 11. D. Service and Return .. 12. E. Pleadings to Support TEMPORARY INJUNCTIVE RELIEF .

10 13. 1. Basic Requirements .. 13. 2. Must Assert Independent Cause of Action .. 13. 3. Specificity of Cause of Action .. 13. VI. ISSUES WITH VERIFICATION REQUIREMENT .. 14. A. Verification Requirement .. 14. B. Objection to Lack of Verification .. 14. C. Attorney Should Not Verify Application for Injunction .. 15. VII. DISCUSSION OF EQUITABLE ELEMENTS FOR TEMPORARY INJUNCTIVE 16. A. Probable Right of Recovery .. 16. B. Does Court Have Jurisdiction to Review a Defendant's Affirmative Defenses in Determining Probable Right of Recovery? .. 16. C. Evidence of Probable, Imminent, Irreparable Injury Requirement .. 17. D. Inadequate Remedy at Law Requirement .. 21. VIII.