Sleepy Hollow Development Co. v. South Park Civic Club

On Motion for Rehearing

The appellees argue that the only question before an appellate court in reviewing the granting or refusal of a temporary injunction is the applicant’s right to a preservation of the status quo and that the trial court’s ruling is not to be disturbed on appeal unless a clear abuse of discretion is shown.

We agree with this statement of the law but consider that we must here apply the modification stated in Southland Life Insurance Co. v. Egan, 126 Tex. 160, 86 S.W.2d 722 (1935): “. . . the trial court abuses its discretion when it fails or refuses to apply the law to conceded or undisputed facts.”

The motion for rehearing is denied.