ACCEPTED
05-15-01493-CV
FIFTH COURT OF APPEALS
DALLAS, TEXAS
12/22/2015 8:30:49 AM
LISA MATZ
CLERK
CAUSE NO. 05-15-01493-CV
MICHAEL GAY COOK, IN THE COURT OF APPEALS
FILED IN
APPELLANT 5th COURT OF APPEALS
DALLAS, TEXAS
VS. 12/22/2015 8:30:49 AM
LISA MATZ
Clerk
CAROLINE D. COOK,
APPELLEE FIFTH DISTRICT OF TEXAS AT
DALLAS
APPLICATION FOR TEMPORARY RESTRAINING ORDER
COMES NOW Appellant and files this Application for Temporary
Restraining Order and would show unto this honorable Court the following matters
to-wit:
1. Appellant has been unable to post a supersedeas bond in this matter because a hearing has
not been set for my Motion to Reduce Supersedeas Bond. Until the supplemental record is
received the Motion will not be heard and a lock out has been scheduled to occur prior to any
hearing on the pending Motion. A Writ of Possession has been served and the lock out is
scheduled for Wednesday, December 23, 2015 at 9:00 a.m. Appellant has not been able to secure
a new place to live. Appellant is elderly and has serious medical conditions, to include but not
limited to Type 2 diabetes, below knee amputation of left leg and hypertension. Removal from
the premises before acquiring suitable accommodations will put Appellant’s health at risk.
2. Unless the Appellee is enjoined, Appellant will suffer probable harm which is imminent
and irreparable. More specifically, if not enjoined, Appellee may take legal action to evict or
otherwise cause Appellant to be dispossessed of the Property. Appellant has no adequate remedy
at law because the subject matter is real property and any legal remedy of which Appellant may
avail itself will not give it as complete, equal, adequate and final a remedy as the injunctive relief
herein sought.
3. Therefore, Plaintiff requests this Court issue a Temporary Restraining Order.
4. The granting of the relief requested is not inconsistent with public policy considerations.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests that:
A. Court conduct a hearing on the Plaintiff=s Application for Injunctive Relief;
B. A temporary restraining order be issued restraining the Appellee, its agents,
employees, officers, directors, shareholders and legal counsel, and those acting in
concert or in participation with them who receive actual notice of the Order, by
personal service or otherwise, from enforcing a Writ of Possession or otherwise
taking action to evict the Appellant from the real property which is the subject
matter of this lawsuit.
Respectfully submitted this the 22nd day of December, 2015.
Kerry L. Prisock
Kerry L. Prisock
State Bar Number 24082005
Post Office Box 1051
Rockwall, Texas 75087
Telephone: 214-632-3823
Facsimile: 469-252-7496
kprisocklegal@sbcglobal.net
ATTORNEY FOR APPELLANT