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Lorenzana Law Firm, P.C. Blog




Seeking for Temporary Injunction to Preserve Status Quo of Community Estate


In high net worth divorce cases, there is always the risk of one spouse wasting or squandering away community property or assets including cash. In such cases consider seeking a court ordered temporary injunction to keep the community property's status quo.
The purpose of a temporary injunction is to preserve the status quo of the litigation's subject matter pending a trial on the merits. Butnaru v. Ford Motor Co., 84 S.W.3d 198, 204 (Tex. 2002). The decision to grant or deny a temporary injunction lies within the trial court's sound discretion. On appeal, a higher court may not substitute judgment for that of the trial court unless the trial court's action was so arbitrary that it exceeded the bounds of reasonable discretion. If the trial court does not enter written findings of fact and conclusions of law, the higher court will presume all findings necessary to support the trial court's ruling and affirm if there is any legal theory supported by the record. Davis v. Huey, 571 S.W.2d 859, 862 (Tex. 1978). The trial court does not abuse its discretion if some evidence reasonably supports its decision. Butnaru, 84 S.W.3d at 211 (citing Davis, 571 S.W.2d at 862).

The status quo is the last actual, peaceable, noncontested status which preceded the pending controversy. Transport Co. of Tex. v. Robertson Transports, Inc., 152 Tex. 551, 261 S.W.2d 549, 553-54 (1953). The applicant must plead and prove three elements to obtain a temporary injunction: (1) a cause of action against the defendant; (2) a probable right to the relief sought; and (3) a probable, imminent, and irreparable injury in the interim. Butnaru, 84 S.W.3d at 204.

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. Butnaru v. Ford Motor Co., 84 S.W.3d 198, 204 (Tex. 2004); Argyle ISD v. Wolf, 234 S.W.3d 229, 236 (Tex. App.CFort Worth 2007, no pet.); Fox v. Tropical Warehouses, Inc., 121 S.W.3d 853, 857 (Tex. App.CFort Worth 2003, no pet.). A probable right of recovery is shown by alleging a cause of action and presenting evidence tending to sustain it. See Argyle ISD, 234 S.W.3d at 236; Fox, 121 S.W.3d at 857. An injury is irreparable if damages would not adequately compensate the injured party or if they cannot be measured by any certain pecuniary standard. Fox, 121 S.W.3d at 857; see also Butnaru, 84 S.W.3d at 204.

The purpose of a temporary injunction is to preserve the status quo until a trial on the merits. See Butnaru, 84 S.W.3d at 204; Walling v. Metcalfe, 863 S.W.2d 56, 58 (Tex. 1993); Fox, 121 S.W.3d at 857. A Status quo is defined as the last, actual, peaceable, noncontested status which preceded the pending controversy. Fox, 121 S.W.3d at 857; Universal Health Servs., Inc. v. Thompson, 24 S.W.3d 570, 577 (Tex. App.CAustin 2000, no pet.) (quoting Transport Co. of Tex. v. Robertson Transports, Inc., 152 Tex. 551, 261 S.W.2d 549, 553-54 (1953)).

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