Dominant jurisdiction?
July 21, 2020The principle is easy enough to state — because the mandatory-venue statute about injunctive relief “is limited to suits ‘in which the relief sought is purely or primarily injunctive[,] . . . it does not apply when the injunctive relief is ancillary to the other relief sought . . . where the injunctive relief is requested simply to maintain the status
quo pending resolution of the lawsuit.” In re: Zidan shows that reasonable minds can differ about its application, however. The majority opinion saw the plaintiff’s request for injunctive relief as ancillary to the central dispute about the governance of a business entity; the dissent saw it as sufficiently central to implicated the statute. The Fifth Court’s judgment conditionally granted mandamus relief with respect to a Collin County judge’s decision to abate a first-filed case in favor of a Harris County matter. No. 05-20-00595-CV (July 15, 2020) (mem. op.)