“But you agreed to it . . . “

April 23, 2019

“[I]n concluding the agreed temporary injunction is void and must be dissolved, we necessarily reject Hanson’s contentions that because appellants agreed to the temporary injunction and failed to raise these technical defects in their motion to dissolve, they should be precluded from complaining about the order’s deficiencies under rule 683. We can declare a temporary judgment void even if the parties have not raised the issue. Moreover, because a temporary injunction order that fails to comply with rule 683 is void, a party cannot waive the error by agreeing to the form or substance of the order.” Reiss v. Hanson, No. 05-18-00923-CV (April 22, 2019) (mem op.)

Reiss distinguishes the Fifth Court’s December 2018 opinion about an injunction’s lack of specificity (as opposed to voidness) in In re: Rajpal, which noted: “Relators also claim that the agreed injunction likewise fails for lack of specificity. This argument, however, overlooks that both parties agreed to the entry of this temporary injunction. As a result, Relators are estopped to complain.”