[Download] "Charles M. Mcglothlin v. Leroy Kliebert D/B/a Southampton Home Improvement Center" by Supreme Court of Texas No. C-2630 # eBook PDF Kindle ePub Free

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eBook details

• Title: Charles M. Mcglothlin v. Leroy Kliebert D/B/a Southampton Home Improvement Center
• Author : Supreme Court of Texas No. C-2630
• Release Date : January 27, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 74 KB

Description

Sears McGee, Justice This is an appeal from a district court order temporarily enjoining McGlothlin from evicting or dispossessing Kliebert of the leased premises. The court of appeals affirmed the district court's judgment. 663 S.W.2d 2. The question is whether the district court abused its discretion in granting the temporary injunction. We hold that it did. We reverse the judgments of the court of appeals and district court and remand the cause to the district court with instructions to dismiss all portions of Kliebert's lawsuit except his suit for damages. This court has jurisdiction under Tex. Rev. Civ. Stat. Ann. art. 1728, subdivision 2. Kliebert began leasing commercial retail space from McGlothlin on April 1, 1978. On August 16, 1982, McGlothlin filed a forcible entry and detainer suit in the justice court against Kliebert. Before the justice court suit was tried, Kliebert filed suit on January 24, 1983 in district court seeking a temporary restraining order, temporary injunction, permanent injunction and damages against McGlothlin. After a hearing, the district court granted the temporary injunction on February 28, 1983.

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