Estate Administration


Wilson N. Jones Memorial Hosp. v. Huff, 188 S.W.3d 215 (Tex. App.—Dallas 2003, pet. denied).


[Note that although this case was decided in October 2003, it did not appear in the Southwest Reporter until May 2006.]

The underlying problem in this case concerned the proper venue for a wrongful death and survival action under prior statutory provisions. One of the parties moved for a temporary injunction to prevent a district clerk from transferring the case back to a probate court. The lower court denied the motion and the appellate court agreed. The court concluded that the lower court did not abuse its discretion when it found that the movant failed to prove irreparable harm which is a prerequisite for a temporary injunction.

Moral: A party seeking a temporary injunction must be certain to establish irreparable harm and that there is no adequate remedy at law for damages.