Eastern Energy, Inc. v. SBY Partnership

Decision Date10 March 1988
Docket NumberNo. 01-87-0967-CV,01-87-0967-CV
PartiesEASTERN ENERGY, INC., Appellant, v. SBY PARTNERSHIP, Appellee. * (1st Dist.)
CourtTexas Court of Appeals

Morris C. Gore, Dallas, for appellant.

J. Bradley Smith, Vance, Burchez & Goss, Bryan, for appellee.

Before JACK SMITH, COHEN and HOYT, JJ.

OPINION

COHEN, Justice.

This is an accelerated appeal from a temporary injunction that prohibits the appellant from conducting operations in preparation for drilling pursuant to an oil and gas lease, on land owned by the appellee. The appellee sought the injunction when the appellant began to clear forest land and burn timber on the appellee's land a few days before the end of the primary term of the lease, without having paid the balance of the bonus payment due on the lease.

In its first point of error, the appellant contends that the temporary injunction is void and should be dissolved because the order does not contain a provision setting the case for trial on the merits, as required by Tex.R.Civ.P. 683. The appellee has since supplemented the transcript to include an Amended Order Granting Temporary Injunction, signed by the trial court on January 11, 1988. The amended order contains a provision setting the case for trial on the merits for April 14, 1988. The appellant has filed a motion to dissolve this amended order.

Rule 43(d) of the Texas Rules of Appellate Procedure states that the trial court retains jurisdiction pending an appeal from an interlocutory order and may issue further orders in the cause. However, the rule further provides that the trial court "shall make no order granting substantially the same relief as that granted by the order appealed from, ... or any order that would interfere with or impair the effectiveness of any relief sought or granted on appeal." One apparent purpose of rule 43 is to prevent a trial court from interfering with the power of the appellate court to grant relief in interlocutory appeals. State v. Walker, 679 S.W.2d 484, 485 (Tex.1984) (construing rule 43's predecessor, former Tex.R.Civ.P. 385b(d)).

A trial court should not be allowed to frustrate a party's right to appellate review. However, that has not happened in this case. The amended order merely sets a trial date for a hearing on the permanent injunction, as required by Tex.R.Civ.P. 683. The appellant should not be able to complain both that the order is void because no trial date is set and also that a...

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  • Enerquest Oil & Gas, LLC v. Exploration
    • United States
    • U.S. District Court — Western District of Texas
    • November 7, 2013
    ...of Slaughter, 305 S.W.3d at 811 (emphasis added) (quoting Black's Law Dictionary 206 (9th ed. 2009)); accord E. Energy, Inc. v. SBY P'ship, 750 S.W.2d 5, 6 (Tex.App.1988). A bonus may be paid “either in cash on execution of the lease, or out of production at some later date.” 55A Tex. Jur.3......
  • City of Brownsville v. Brownsville GMS, Ltd.
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    ...& Human Servs. Comm'n v. Advocates for Patient Access, Inc., 399 S.W.3d 615, 623-24 (Tex. App.—Austin 2013, no pet.); Eastern Energy, Inc. v. SBY P'ship, 750 S.W.2d 5, 6 (Tex. App.—Houston [1st Dist.] 1988, no writ). In accordance with Texas Rule of Appellate Procedure 29.5, the assigned ju......
  • M.M.O., In re
    • United States
    • Texas Court of Appeals
    • July 29, 1998
    ...a party's right to appellate review or the appellate court's power to grant relief in interlocutory appeals. See Eastern Energy, Inc. v. SBY Partnership, 750 S.W.2d 5, 6 (Tex.App.--Houston [1st Dist.] 1988, no writ); see also Whereas the second order in Hopper granted the same relief as the......
  • University of Texas Medical School at Houston v. Than, 01-91-01431-CV
    • United States
    • Texas Court of Appeals
    • June 16, 1992
    ...and the conclusion is not reasonably supported by the evidence. Southwestern Bell Tel. Co., 526 S.W.2d at 528; Eastern Energy, Inc. v. SBY Partnership, 750 S.W.2d 5, 6 (Tex.App.--Houston [1st Dist.] 1988, no Hearing on the Temporary Injunction At the hearing on the temporary injunction, the......
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