ACI Healthcare Staffing, LLC v. V-Platinum Cosulting, Lp and V-Platinum Management, LLC

REVERSE and REMAND; and Opinion Filed May 2, 2013.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-12-01060-CV
ACI HEALTHCARE STAFFING, LLC, LORI MINOR,
BRYAN ADCOCK, AND REGINA BUTLER, Appellants
V.
V-PLATINUM CONSULTING, LP AND
V-PLATINUM MANAGEMENT, LLC, Appellees
On Appeal from the County Court at Law No. 1
Dallas County, Texas
Trial Court Cause No. CC-12-01957-A
MEMORANDUM OPINION
Before Justices O’Neill, FitzGerald, and Lang-Miers
Opinion by Justice Lang-Miers
Appellants ACI Healthcare Staffing, LLC, Lori Minor, Bryan Adcock, and Regina Butler
appeal the trial court’s order granting a temporary injunction in favor of V-Platinum Consulting
Management, LP. In their second issue, appellants contend that the temporary injunction is void
because it does not comply with the rules of civil procedure. Because the second issue is
dispositive of the appeal, we address it first.
The Texas Rules of Civil Procedure establish mandatory requirements for orders granting
temporary injunctions. See TEX. R. CIV. P. 683, 684. Failure to meet those requirements renders
the temporary injunction subject to being declared void. Qwest Commc’ns Corp. v. AT&T Corp.,
24 S.W.3d 334, 337 (Tex. 2000) (per curiam) (citing InterFirst Bank San Felipe, N.A. v. Paz
Constr. Co., 715 S.W.2d 640, 641 (Tex. 1986) (per curiam)); City of Sherman v. Eiras, 157
S.W.3d 931, 931 (Tex. App.—Dallas 2005, no pet.). When a temporary injunction does not
include a setting for trial on the merits on a specific date, the temporary injunction is void. Qwest
Commc’ns Corp., 24 S.W.3d at 337; Eiras, 157 S.W.3d at 931. Similarly, when a temporary
injunction does not require a bond to be given by the applicant as a condition precedent to the
issuance of the injunction, the temporary injunction is void. Qwest Commc’ns Corp., 24 S.W.3d
at 337 (citing Lancaster v. Lancaster, 291 S.W.2d 303, 308 (Tex. 1956)).
The temporary injunction signed on July 20, 2012, in this case states that it “shall remain
in effect until final disposition of this case or until further order of the Court.” It does not include
a specific date for trial on the merits. See TEX. R. CIV. P. 683 (requiring injunction to state date
for trial on merits). The injunction also did not require security or fix the amount of security to
be given by applicant V-Platinum Consulting, LP as a condition precedent to the issuance of the
injunction. See TEX. R. CIV. P. 684 (requiring injunction to fix amount of security).
Because the temporary injunction signed on July 20, 2012, did not comply with civil
procedure rules 683 and 684, it is void. See Qwest Commc’ns, 24 S.W.3d at 337; Eiras, 157
S.W.3d at 931. Accordingly, we reverse and dissolve the temporary injunction signed on July 20,
2012, and remand the case to the trial court for further proceedings.
/Elizabeth Lang-Miers/
ELIZABETH LANG-MIERS
JUSTICE
121060F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
ACI HEALTHCARE STAFFING, LLC, On Appeal from the County Court at Law
LORI MINOR, BRYAN ADCOCK, AND No. 1, Dallas County, Texas
REGINA BUTLER, Appellants Trial Court Cause No. CC-12-01957-A.
Opinion delivered by Justice Lang-Miers,
No. 05-12-01060-CV V. Justices O’Neill and FitzGerald
participating.
V-PLATINUM CONSULTING, LP AND
V-PLATINUM MANAGEMENT, LLC,
Appellees
In accordance with this Court’s opinion of this date, the judgment of the trial court is
REVERSED and judgment is RENDERED that:
the temporary injunction signed on July 20, 2012, is DISSOLVED.
Each party shall bear its own costs of appeal.
Judgment entered this 2nd day of May, 2013.
/Elizabeth Lang-Miers/
ELIZABETH LANG-MIERS
JUSTICE
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