ON MOTION FOR REHEARING
In his motion for rehearing, in two points, appellant asserts we erred in our original opinion (1) by failing to address appellant’s contention that he showed a probable right to recover on the ground that the notice published was legally inadequate, since the notice represented that the certificates of obligation would be issued for constructing and equipping jail facilities rather than a regional juvenile detention facility, and (2) in holding that appellant failed to show a probable right to recover on the basis that a juvenile detention facility is not one of the lawful purposes for which the proceeds of the certificates of obligation may be issued, because the court of appeals failed to construe the certificate of obligation act in so deciding.
Initially, we must again emphasize that appellate review of an order granting or denying a temporary injunction is strictly limited to a determination whether, under the record before it, there has been an abuse of discretion by the trial judge in granting or denying the interlocutory order and the merits of the underlying action are not presented for review. Davis v. Huey, 571 S.W.2d 859, 861-62 (Tex.1978).
At the temporary injunction hearing, appellant contended that notice was given for construction of a jail. He further asserted that a juvenile detention facility is not a jail. Therefore, notice with regard to a jail facility was not proper notice if a juvenile detention facility is not a jail. We have held that, under the record before him, the trial judge could have reasonably determined that a juvenile detention facility is a jail. Thus, he did not abuse his discretion in determining that appellant was not entitled to a temporary injunction pending a final decision of the case.
In his motion for rehearing, appellant now asserts that even if a juvenile detention facility be considered a jail, “jail” is too broad a term to comply with the notice requirements of the Certificate of Obligation Act. Parenthetically, he argues those notice requirements must be given a strict construction. However, since examination of the record does not show that this contention was presented to the trial judge, it cannot support a determination that the judge abused his discretion in failing to grant the temporary injunction. Additionally, appellant failed to argue this contention in his brief. It is well established that points of error raised for the first time in a motion for rehearing are too late and will not be considered. Morrison v. Chan, 699 S.W.2d 205, 207 (Tex.1985); Watson v. Glens Falls Insurance Company, 505 S.W.2d 793, 797 (Tex.1974); Tex. Alcoholic Beverage Com’n v. Sfair, 786 S.W.2d 26, 27 (Tex.App.—San Antonio 1990, writ denied); First State Bank, Morton v. Chesshir, 634 S.W.2d 742, 748 (Tex.App.—Amarillo 1982, writ ref’d n.r.e.).
Appellant also asserts that we erred in holding that he failed to show a probable *206right to recover on the basis that a juvenile detention facility is not one of the lawful purposes for which such certificates may be issued, because we failed to construe the Certificate of Obligation Act. Appellant misconstrues the holding of this court. Our holding was that the trial judge could reasonably have concluded that, under the record before him, appellant failed to show his probable right to recover and did not, therefore, abuse his discretion in refusing to issue a temporary injunction before trial on the merits.
Appellant’s points of error contained in his motion for rehearing are overruled.