Wesware, Incorporated v. Blackwell

Can an appellate court order a trial court to vacate a temporary injunction when either party in a full trial on the merits may challenge the injunction?


The Texas Civil Court of Appeals held that they could not order the trial court to dissolve the injunction, and that the injunction was not improperly issued because either party could challenge it in a full trial on the merits. In arguing its appeal, Wesware claimed that the injunction was in effect a permanent injunction because their right to perform the enjoined acts could only be challenged in a separate suit. The appeals court disagreed, claiming that no other suit was necessary to challenge the validity of the injunction and that Wesware need only proceed to a full trial on the merits to dissolve the injunction. The appeals court held that the injunction was properly issued, and dismissed the appeal.

Case and case summary also available online at: http://www.mlmlegal.com/legal-cases/WeswareIncorporated_v_Blackwell.php

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Reference Info:State, 5th Circuit, Texas | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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