Inability To Obtain Medical Treatment Is Not An Irreparable Injury

The court of appeals conditionally granted mandamus relief after the trial court issued a TRO preventing relators from terminating Greg Marquez’s  employment. The TRO stated that Marquez’s injury was irreparably because the loss of his job would result in the loss of health insurance benefits for him and his family, and that he would be unable to obtain medical treatment.  The Court of Appeals held that Marquez’s injury was not irreparable because the cost of medical treatment is compensable through monetary damages.  Consequently, the trial court abused its discretion by granting the TRO.

In re Southern Foods Group, LLC

The Court subsequently withdrew its opinion and vacated its order in In re Southern Foods Groups.  The Court found that because the trial court had orally denied the real party in interest’s request for a temporary injunction, the issues relating to the TRO were moot.