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Before relief may be granted, there are three primary elements that must be pled and shown by evidence (i.e., verified allegations for a TRO and testimony in a temporary injunction hearing): (1) the applicant is seeking permanent relief, either by way of a suit for damages or a permanent business injunction; (2) there ...
In determining whether to grant or deny a preliminary injunctive relief, the courts generally look to several of the factors including: (1) the plaintiff's likelihood of prevailing on the merits;(2) a showing of irreparable injury to plaintiff if relief is not granted; (3) the threatened injury to the movant is ...
Section 51.014(a)(4) provides that an appeal from an interlocutory order granting or refusing a temporary injunction or granting or overruling a motion to dissolve a temporary injunction is permitted.
To be entitled to a temporary injunction, the applicant must plead a cause of action and show a probable right to recover on that cause of action and a probable, imminent, and irreparable injury in the interim. ?Imminent? means that the injury is relatively certain to occur rather than being remote and speculative.
A writ of injunction issued by the clerk must be served on all adverse parties before the TRO becomes effective. There is no right to appeal a TRO, but immediate mandamus relief may be sought.