Food Safety Net Services, Ltd. v. Rhonda Brant and Marcus Nickle, Individually and as Representative of Quanta Labs, Inc.--Appeal from 225th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-06-00867-CV
FOOD SAFETY NET SERVICES, LTD.,
Appellant
v.
Rhonda BRANT and Marcus Nickle, Individually and as Representative of Quanta Lab, Inc.,
Appellees
From the 225th Judicial District Court, Bexar County, Texas
Trial Court No. 2006-CI-11908
Honorable Barbara Hanson Nellermoe, Judge Presiding (1)

Opinion by: Phylis J. Speedlin, Justice

 

Sitting: Karen Angelini, Justice

Phylis J. Speedlin, Justice

Steven C. Hilbig, Justice

 

Delivered and Filed: April 11, 2007

 

REVERSED AND RENDERED

 

Food Safety Net Services, Ltd. appeals the trial court's order granting a temporary injunction. Rule 683 of the Texas Rules of Civil Procedure requires every order granting a temporary injunction to include "an order setting the cause for trial on the merits with respect to the ultimate relief sought." Tex. R. Civ. P. 683. The requirements of Rule 683 are mandatory, and an order granting a temporary injunction that does not meet them is fatally defective and void, whether specifically raised by the parties on appeal or not. Qwest Comm. Corp. v. AT & T Corp., 24 S.W.3d 334, 337 (Tex. 2000); see also Padgett v. LSKR, Inc., No. 03-06-00262-CV, 2007 WL 178465, at *2 (Tex. App.--Austin Jan. 24, 2007, no pet.); City of Sherman v. Eiras, 157 S.W.3d 931, 931 (Tex. App.--Dallas 2005, no pet.); In re Garza, 126 S.W.3d 268, 271 (Tex. App.--San Antonio Nov. 12, 2003, orig. proceeding [mand. denied]). The trial court's order in the instant case does not include an order setting the cause for trial on the merits. Accordingly, we reverse the trial court's order, declare the order to be void and order it dissolved.

Phylis J. Speedlin, Justice

 

1. The Honorable Fred Shannon presided over the hearing and verbally pronounced the order. The Honorable Barbara Hanson Nellermoe signed the written order.