Southern Wild Game, Inc. and John Gleeson v. Wells Fargo Bank Texas, N.A. (Kerrville), Greg Appel and Bruce McFadden--Appeal from 198th Judicial District Court of Kerr County

Annotate this Case
MEMORANDUM OPINION
No. 04-02-00725-CV
SOUTHERN WILD GAME, INC. and John Gleeson,
Appellants
v.
WELLS FARGO BANK, Gregg Appel, and Bruce McFadden,
Appellees
From the 198th Judicial District Court, Kerr County, Texas
Trial Court No. 02-517-B
Honorable Emil Karl Prohl, Judge Presiding

Opinion by: Catherine Stone, Justice

Sitting: Catherine Stone, Justice

Sarah B. Duncan, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: June 25, 2003

DISMISSED FOR LACK OF JURISDICTION IN PART, AFFIRMED IN PART

This is an interlocutory appeal by Southern Wild Game, Inc. and John Gleeson (collectively "SWG") from an order granting a motion to compel arbitration filed by Wells Fargo Bank, Gregg Appel, and Bruce McFadden (collectively "Wells Fargo"). SWG presents two issues on appeal: (1) whether the trial court erred in granting Wells Fargo's motion to compel arbitration; and (2) whether the trial court erred by refusing to grant SWG's request for injunctive relief. Because SWG's appellate issues involve the application of well-settled principles of law, we address SWG's contentions in this memorandum opinion under Tex. R. App. P. 47.4 for the following reasons:

1. The parties in this case signed an arbitration agreement stating "[a]ny arbitration proceeding will . . . be governed by the Federal Arbitration Act . . . ." Texas, however, does not allow interlocutory appeal from a trial court's action on a request to compel arbitration pursuant to the Federal Arbitration Act. See Freis v. Canales, 877 S.W.2d 283, 284 (Tex. 1994); Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992); Trico Marine Servs., Inc. v. Stewart & Stevenson Technical Servs., Inc., 73 S.W.3d 545, 547-48 (Tex. App.--Houston [1st Dist.] 2002, orig. proceeding). Because the trial court's order compelling arbitration is an unappealable interlocutory order, we do not have jurisdiction to consider SWG's complaints regarding such order. 2. A trial court's decision on whether to deny a request for a temporary injunction is within the sound discretion of the trial court and should only be reversed if the trial court abused its discretion. Butnaru v. Ford Motor Co., 84 S.W.3d 198, 204 (Tex. 2002). An abuse of discretion does not exist when the trial court bases its decision on conflicting evidence and the evidence reasonably supports its conclusion. Davis v. Huey, 571 S.W.2d 859, 862 (Tex. 1978). To obtain a temporary injunction, the applicant must establish: (1) a cause of action against the defendant; (2) a probable right to the relief sought; and (3) a probable, imminent, and irreparable injury in the interim. Butnaru, 84 S.W.3d at 204. Even if we were to assume that SWG established both a cause of action against Wells Fargo and a probable right to the relief sought, we cannot conclude SWG demonstrated a probable, imminent, and irreparable injury in the interim. Although the trial court heard testimony that SWG would lose a unique piece of real property if further injunctive relief was not granted, the trial court also heard testimony that SWG had collected a significant sum of money since the court granted its first request for injunctive relief. Because the trial court heard testimony that SWG had funds available to stop Wells Fargo's foreclosure on its property, but chose not to use the funds to pay Wells Fargo, we believe the trial court was free to conclude that SWG did not face a probable, imminent, and irreparable injury under the circumstances. See Davis, 571 S.W.2d at 862. Accordingly, we hold the trial court did not abuse its discretion by denying SWG's second request for injunctive relief.

Catherine Stone, Justice

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.