Univ. of Texas v. Morris, 344 S.W.2d 426 (Tex. 1961). · Go Syfert
Univ. of Texas v. Morris, 344 S.W.2d 426 (Tex. 1961). Cases Citing This Book View Copy Cite
239 citation events (156 in the last 25 years) across 6 distinct courts.
Strongest positive: Sarah Horton v. City of Smithville, Texas (texapp, 2008-01-25)
Treatment trajectory · 1961 → 2026 · click a year to view as-of
1961 1993 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Sarah Horton v. City of Smithville, Texas
Tex. App. · 2008 · signal: see · quote attribution · 1 verbatim quote · confidence high
udicial processes cannot be used for purposes of mere harassment in an effort to effect settlements.
discussed Cited as authority (verbatim quote) Sarah Horton v. City of Smithville, Texas
Tex. App. · 2008 · signal: see · quote attribution · 1 verbatim quote · confidence high
udicial processes cannot be used for purposes of mere harassment in an effort to effect settlements.
discussed Cited as authority (rule) Maria Margarita Rojas, Maternal Maternal and Child Healthcare and Research Center LLC D/B/A Clinica Latinoamericana; Clinicas Latinoamericans; Clinica-Waller Latinoamericana; Clinica-Telge Latinoamericana A/K/A Clinica De La Mujer A/K/A Houston BirthHouse v. State of Texas (2×)
Tex. App. · 2025 · confidence medium
Review of the trial court’s decision to grant the temporary injunction “must be controlled by the record made in the trial court at the time the injunction was issued.” Morris, 344 S.W.2d at 429.
cited Cited as authority (rule) Gary Ginn v. Robert Pierce
Tex. App. · 2019 · confidence medium
See Perry Homes, 258 S.W.3d at 596 n.89; Univ. of Tex., 344 S.W.2d at 429; Stephens Cnty., 52 S.W.2d at 55 ; Baty, 423 S.W.3d at 435 ; Hiles, 402 S.W.3d at 827, n.7 .
examined Cited as authority (rule) in Re Kosmos Energy Sao Tome and Principe (3×)
Tex. App. · 2019 · confidence medium
This court need not — and should not — reach the merits for if in analyzing the merits the court concluded that the trial court abused its discretion in making the ruling, this court could hardly grant affirmative relief because it would have to do so based on a different record.4 Because such a holding would be unsupportable under our precedent, the better course is to deny relief based on the failure to make the requisite showing that the proffered mandamus record contains the same documents — redactions included — the trial court reviewed.5 Because the court instead addresses the me…
examined Cited as authority (rule) John S. Stritzinger v. Christiana Trust, a Division of Wilmington Savings Fund Society, FSB (3×)
Tex. App. · 2016 · signal: cf. · confidence medium
Co., 719 S.W.2d 161, 163 (Tex. 1986). 41 See Gannon, 706 S.W.2d at 305-06 (noting that this power is accompanied by a "caveat of limited use"). 42 See Donovan v. City of Dallas, 377 U.S. 408,412 (1964); cf University of Tex. v. Morris, 344 S.W.2d 426, 428 (Tex. 1961). 4 3See Municipal Energy Agency of Miss. v. Big Rivers Elec.
examined Cited as authority (rule) In Re Douglas (5×) also: Cited "see, e.g."
Tex. App. · 2010 · confidence medium
Id. at *4 (citing Univ. of Tex. v. Morris, 162 Tex. 60 , 344 S.W.2d 426, 428 (1961); Birdo v. Holbrook, 775 S.W.2d 411, 412-14 (Tex.App.-Fort Worth 1989, writ denied)).
discussed Cited as authority (rule) Tri-State Pipe & Equipment, Inc. v. Southern County Mutual Insurance Co. (2×) also: Cited "see, e.g."
Tex. App. · 1999 · confidence medium
University of Texas v. Morris, 162 *401 Tex. 60, 344 S.W.2d 426, 429 (1961).
cited Cited as authority (rule) In Re Estate of Dilasky
Tex. App. · 1998 · confidence medium
Co. v. Harper, 925 S.W.2d 649, 651 (Tex.1996); Gannon, 706 S.W.2d at 307 ; University of Texas v. Morris, 162 Tex. 60 , 344 S.W.2d 426, 428 (1961); Fina Oil & Chem.
discussed Cited as authority (rule) Owens-Corning Fiberglas Corporation v. Barbara Wasiak Tyler Turner Boulo, as Personal Representative of the Heirs and Estate of Stanley Wasiak, James Edwin Wingate, Sr. and Jean Wingate Homer Clifton Brownlee, Sr. and Alma Brownlee And Martha Barnes, Individually (2×)
Tex. App. · 1996 · confidence medium
App. P. 55(b); University of Texas v. Morris , 344 S.W.2d 426, 429 (Tex.), cert. denied , 366 U.S. 973 (1961).
examined Cited as authority (rule) Owens-Corning Fiberglas Corp. v. Baker (3×) also: Cited "see"
Tex. App. · 1992 · confidence medium
University of Texas v. Morris, 162 Tex. 60 , 344 S.W.2d 426, 428 (1961), cert. denied, 366 U.S. 973 , 81 S.Ct. 1940 , 6 L.Ed.2d 1262 (1961). *842 The defendants also contend that the plaintiffs’ showing of irreparable harm was based on speculative evidence.
cited Cited as authority (rule) Manufacturers Hanover Trust Co. v. Kingston Investors Corp.
Tex. App. · 1991 · confidence medium
University of Texas v. Morris, 162 Tex. 60 , 344 S.W.2d 426, 428 (1961).
discussed Cited as authority (rule) Birdo v. Holbrook
Tex. App. · 1989 · signal: cf. · confidence medium
REF. 93 (1984); cf. University of Texas v. Morris, 162 Tex. 60, 62 , 344 S.W.2d 426, 428 (courts have equitable power to prevent vexatious litigation), cert. denied, 366 U.S. 973 , 81 S.Ct. 1940 , 6 L.Ed.2d 1262 (1961).
discussed Cited as authority (rule) Keck v. First City National Bank of Houston
Tex. App. · 1987 · confidence medium
“Events taking place subsequent to the issuance of a temporary injunction may afford a basis for modification of the order by the trial court but unless such occurrences render the cause for the injunctive relief entirely moot or academic, ... our action must be controlled by the record made in the trial court at the time the injunction was issued.” University of Texas v. Morris, 162 Tex. 60 , 344 S.W.2d 426, 429 (1961).
cited Cited as authority (rule) Christensen v. Integrity Insurance Co.
Tex. · 1986 · confidence medium
University of Texas v. Morris, 162 Tex. 60, 62 , 344 S.W.2d 426, 428 (Tex. 1961),' cert, den., 366 U.S. 973 , 81 S.Ct. 1940 , 6 L.Ed.2d 1262 .
discussed Cited as authority (rule) Jefferson County v. Farris
Tex. App. · 1972 · confidence medium
Co. v. Pearlstone Mill & Elevator Co., 53 S.W.2d 1001 , 1003 Tex.Com.App.1932, holdings approved) ; University of Texas v. Morris, 162 Tex. 60 , 344 S.W.2d 426, 428 (1961)], and judicial efforts to hold the cost of litigation within reasonable bounds are to be commended.
discussed Cited "see" Willard Cox Jr., Will Cox, Inc. and Kevin Desormeaux D/B/A Talents Unlimited v. Kathleen Kimberlin
Tex. App. · 2025 · signal: see · confidence high
See Williams v. Williams, No. 09-24-00005-CV, 2024 Tex. App. LEXIS 6502 , at *5 n.1 (Tex. App.—Beaumont Aug. 29, 2024, no pet.) (mem. op.) (citing Univ. of Tex. v. Morris, 344 S.W.2d 426 , 429 (Tex. 1961)); see also Spiritas v. Davidoff, 459 S.W.3d 224, 231 (Tex. App.—Dallas 2015, no pet.).
cited Cited "see" Devon Energy Corporation and Devon Energy Production Company. L.P. v. Brian Cormier
Tex. App. · 2024 · signal: see · confidence high
See Univ. of Tex. v. Morris, 344 S.W.2d 426 , 429 (Tex. 1961).
cited Cited "see" Rejeania Marie Williams v. Everett Keith Williams
Tex. App. · 2024 · signal: see · confidence high
See Univ. of Tex. v. Morris, 344 S.W.2d 426 , 429 (Tex. 1961).
discussed Cited "see" WC 4th and Rio Grande, LP v. La Zona Rio, LLC
Tex. App. · 2024 · signal: see · confidence high
See Univ. of Texas v. Morris, 344 S.W.2d 426 , 429 (Tex. 1961) (court’s decision to affirm the trial court’s order granting an injunction was “controlled by the record made in the trial court at the time the injunction was issued”); see also Perry 30 affiliated with the LLC or may even be a parent company, given the lack of any evidence that WCCG was a “member” in the LLC, we cannot say that the trial court could have impliedly found that Kretzer had the authority under the Receivership Order to seize control of the LLC.
discussed Cited "see" WC 4th and Rio Grande, LP v. La Zona Rio, LLC
Tex. App. · 2023 · signal: see · confidence high
See Morris, 344 S.W.2d at 429 (court’s decision to affirm the trial court’s order granting an injunction was “controlled by the record made in the trial court at the time the injunction was issued”); see also In re Servicios Legales de Mesoamerica S. de R.L., No. 13-12- 00466-CV, 2014 WL 895513 , at *8 (Tex. App.—Corpus Christi Mar. 6, 2014, no pet.) (mem. op) (“In determining whether or not the trial court has abused its discretion, we must focus on the record that was before the court.”) (citing In re Bristol–Myers Squibb Co., 975 S.W.2d 601, 605 (Tex. 1998) (orig. proceeding…
discussed Cited "see" Cynthia Pipkins v. LaBiche Architectural Group, Inc.
Tex. App. · 2022 · signal: see · confidence high
See Univ. of Tex. v. Morris, 344 S.W.2d 426 , 429 (Tex. 1961) (A reviewing court may not consider evidence that was not before the trial court at the time it made its decision.); In re K.M., 401 S.W.3d 864, 866 (Tex. App.— Houston [14th Dist.] 2013, no pet.) (An appellate court may not consider materials outside the appellate record.). 9 Pipkins, once her claims against LaBiche were dismissed in April, “the remainder of the [April] order evaporates, and that case ceases to exist as to [her] and LaBiche.” The trial court held a hearing on LaBiche’s Second Motion to Dismiss on August 18,…
discussed Cited "see" in Re Landstar Ranger, Inc.
Tex. App. · 2021 · signal: see · confidence high
See In re M-I L.L.C., 505 S.W.3d 569, 574 (Tex. 2016) (orig. proceeding) (declining to consider portion of the mandamus record not before the trial court when its decision was made) (citing Univ. of Tex. v. Morris, 344 S.W.2d 426 , 429 (Tex. 1961)); In re Christus Santa Rosa Healthcare Corp., 617 S.W.3d 586 , 589 n.2 (Tex. App.—San Antonio 2020, orig. proceeding) (declining to consider any portion of deposition that was not before the trial court). 3 be denied.
discussed Cited "see" MSC Gleannloch LLC (\MSC\") v. Harris County Water Control and Improvement District No. 119" (2×)
Tex. App. · 2020 · signal: see · confidence high
See Morris, 344 S.W.2d at 429; FinServ Cas.
discussed Cited "see" Hous. Indep. Sch. Dist. v. Durrell (2×)
Tex. App. · 2018 · signal: see · confidence high
See Univ. of Tex. v. Morris , 162 Tex. 60 , 344 S.W.2d 426 , 429 (1961) (holding that appellate court, in determining correctness of a trial court ruling, does not consider events that occurred after the ruling unless they deprive the appellate court of jurisdiction); Keck v. First City Nat.
cited Cited "see" Lisa Atkins-January v. State Office of Risk Management
Tex. App. · 2017 · signal: see · confidence high
See Univ. of Tex. v. Morris, 344 S.W.2d 426 , 429 (Tex. 1961).
discussed Cited "see" Andrew T. Vo, Individually and D/B/A Larry Vo, Viet Le, Tam Van Le and Vo-Le, Inc. v. Ho Kim Doan (2×)
Tex. App. · 2016 · signal: see · confidence high
See Baty v. Bowen, Miclette & Britt, Inc., 423 S.W.3d 427, 435 (Tex. App.—Houston [14th Dist.] 2013, pet. denied) (citing Univ. of Tex. v. Morris, 162 Tex. 60 , 344 S.W.2d 426 , 429 (1961), holding that appellate court, in determining correctness of a trial court ruling, does not consider events that occurred subsequent to the ruling unless they deprive the appellate court of jurisdiction, and Stephens County v. J.N.
examined Cited "see" in Re Nationwide Insurance Company of America (4×)
Tex. · 2016 · signal: see · confidence high
See Univ. of Tex. v. Morris, 162 Tex. 60 , 344 S.W.2d 426 , 429 (1961) (noting that an abuse of discretion is generally determined from the record and circumstances existing at the time of the trial court’s decision).
examined Cited "see" In re M-I L.L.C. (3×)
Tex. · 2016 · signal: see · confidence high
See Univ. of Tex. v. Morris, 162 Tex. 60 , 344 S.W.2d 426 , 429 (1961).
discussed Cited "see" in Re Rowland J. Martin
Tex. App. · 2015 · signal: see · confidence high
See Akinwamide v. Transportation Insurance, Co., 147 S.W.3d 623 (Tex. App. - 14th Dist. 2006) citing Univ. of Tex. v. Morris, 344 S.W.2d 426 , 428 (Tex. 1961); Birdo v. Holbrook, 775 S.W.2d 411 , 412B13 (Tex. App. Fort Worth 1989, writ denied).
discussed Cited "see" Rick D. Baty v. Bowen, Miclette & Britt, Inc., Samuel F. Bowen, David G. Miclette, and Edward G. Britt, Jr. (2×)
Tex. App. · 2013 · signal: see · confidence high
See Univ. of Tex. v. Morris, 162 Tex. 60 , 344 S.W.2d 426 , 429 (1961) (holding that appellate court, in determining correctness of a trial court ruling, does not consider events that occurred subsequent to the ruling unless they deprive the appellate court of jurisdiction); Stephens County v. J.N.
examined Cited "see" Samlowski v. Wooten (6×)
Tex. · 2011 · signal: see · confidence high
See Univ. of Tex. v. Morris, 162 Tex. 60 , 344 S.W.2d 426 , 429 (1961); Stephens County v. J.
discussed Cited "see" In Re VV (2×)
Tex. App. · 2010 · signal: see · confidence high
See Univ. of Tex. v. Morris, 162 Tex. 60 , 344 S.W.2d 426 , 429 (1961).
discussed Cited "see" In re V.V. (2×)
Tex. App. · 2010 · signal: see · confidence high
See Univ. of Tex. v. Morris, 162 Tex. 60 , 344 S.W.2d 426 , 429 (1961).
cited Cited "see" Joe Lewis Valencia v. Department of Family and Protective Services
Tex. App. · 2010 · signal: see · confidence high
See Univ. of Tex. v. Morris , 344 S.W.2d 426 , 429 (Tex. 1961).
discussed Cited "see" Frost National Bank v. Fernandez (2×)
Tex. · 2010 · signal: see · confidence high
See Univ. of Tex. v. Morris, 162 Tex. 60 , 344 S.W.2d 426 , 429 (1961) (recognizing that this Court is not constrained to the trial court record at the time an injunction was issued when events subsequent to the issuance of an anti-suit injunction “render the cause for injunctive relief entirely moot or academic”); see also Gannon v. Payne, 706 S.W.2d 304, 307 (Tex.1986) (“The circumstances of each situation must be carefully examined to determine whether the [anti-suit] injunction is required to prevent an irreparable miscarriage of justice.”).
discussed Cited "see" In Re Frost National Bank, Former of the Estate of Elena Suess Kenedy, Frost National Bank and Pablo Suess, Trustees of the John G. Kenedy, Jr. Charitable Trust And the Missionary Oblate Fathers of Texas
Tex. · 2010 · signal: see · confidence high
See Univ. of Tex. v. Morris , 344 S.W.2d 426 , 429 (Tex. 1961) (recognizing that this Court is not constrained to the trial court record at the time an injunction was issued when events subsequent to the issuance of an anti-suit injunction “render the cause for injunctive relief entirely moot or academic”); see also See Gannon v. Payne , 706 S.W.2d 304, 307 (Tex. 1986) (“The circumstances of each situation must be carefully examined to determine whether the [anti-suit] injunction is required to prevent an irreparable miscarriage of justice.”).
discussed Cited "see" John G. & Marie Stella Kenedy Memorial Foundation v. Fernandez (2×)
Tex. · 2010 · signal: see · confidence high
See Univ. of Tex. v. Morris, 162 Tex. 60 , 344 S.W.2d 426 , 429 (1961) (recognizing that this Court is not constrained to the trial court record at the time an injunction was issued when events subsequent to the issuance of an anti-suit injunction “render the cause for injunctive relief entirely moot or academic”); see also Gannon v. Payne, 706 S.W.2d 304, 307 (Tex.1986) (“The circumstances of each situation must be carefully examined to determine whether the [anti-suit] injunction is required to prevent an irreparable miscarriage of justice.”).
discussed Cited "see" John G. & Marie Stella Kenedy Memorial Foundation v. Fernandez (2×)
Tex. · 2010 · signal: see · confidence high
See Univ. of Tex. v. Morris, 162 Tex. 60 , 344 S.W.2d 426 , 429 (1961) (recognizing that this Court is not constrained to the trial court record at the time an injunction was issued when events subsequent to the issuance of an anti-suit injunction “render the cause for injunctive relief entirely moot or academic”); see also Golden Rule Ins.
cited Cited "see" Patrick Olajide Akinwamide v. Transportation Insurance Co., CNA Insurance Co. & Automatic Data Processing, Inc.
Tex. App. · 2008 · signal: see · confidence high
See Univ. of Tex. v. Morris , 344 S.W.2d 426, 428 (Tex. 1961); Birdo v. Holbrook , 775 S.W.2d 411 , 412 B 13 (Tex. App. C Fort Worth 1989, writ denied).
cited Cited "see" Allied Capital Corporation v. Jean T. Cravens, Gamble J. Palmer and Martha Palmer
Tex. App. · 2002 · signal: see · confidence high
See id.
discussed Cited "see" Bridas Corp. v. Unocal Corp. (2×)
Tex. App. · 2000 · signal: see · confidence high
See University of Texas v. Morris, 162 Tex. 60 , 344 S.W.2d 426, 429 (1961).
examined Cited "see" Owens-Corning Fiberglas Corp. v. Malone (4×)
Tex. · 1998 · signal: see · confidence high
See University of Texas v. Morris, 162 Tex. 60 , 344 S.W.2d 426, 429 (1961); see also Johnson, 899 F.2d at 1287-88 . .
cited Cited "see" Huntsville Independent School District v. Scott
Tex. App. · 1972 · signal: see · confidence high
See University of Texas v. Morris, 344 S.W.2d 426 (Tex.Sup.1961).
discussed Cited "see" State v. Cook United, Inc.
Tex. App. · 1971 · signal: see · confidence high
See University of Texas v. Morris, 344 S.W.2d 426 , at page 428 (Tex.Sup.1961), wherein the court said: “A district court having jurisdiction of the parties and the subject matter may enjoin a party from prosecuting a cause of action in another court when such relief is necessary to prevent a multiplicity of suits, avoid vexatious litigation, or prohibit the use of the judicial processes for purposes of harassment.” The State’s point 5 urges error of the trial court in granting the injunction because the effect of it is to suspend the operation of Chapter 15, Business and Commerce Code, …
discussed Cited "see, e.g." Creedmoor-Maha Water Supply Corporation v. Texas Commission on Environmental Quality and Jona Acquisition, Inc.
Tex. App. · 2010 · signal: see also · confidence low
See Hendee I, 228 S.W.3d at 376 ; see also University of Tex. v. Morris, 344 S.W.2d 426 , 26 Because Creedmoor has not alleged facts demonstrating that it “provided or made [service] available” to the disputed area—and, in fact, Creedmoor’s pleadings and the jurisdictional evidence negate that fact—Creedmoor cannot invoke the district court’s inherent jurisdiction through its claims under the Supremacy Clause and 7 U.S.C.A. § 1926 (b).
discussed Cited "see, e.g." Creedmoor-Maha Water Supply Corporation v. Texas Commission on Environmental Quality and Jona Acquisition, Inc.
Tex. App. · 2010 · signal: see also · confidence low
See Hendee I , 228 S.W.3d at 376 ; see also University of Tex. v. Morris , 344 S.W.2d 426 , 429 (Tex. 1961) (general principle that appellate courts must consider only evidence that was before trial court at time of judgment). 12.
discussed Cited "see, e.g." Creedmoor-Maha Water Supply Corp. v. Texas Commission on Environmental Quality (2×)
Tex. App. · 2010 · signal: see also · confidence low
See Hendee I, 228 S.W.3d at 376 ; see also University of Tex. v. Morris, 162 Tex. 60 , 344 S.W.2d 426 , 429 (1961) (general principle that appellate courts must consider only evidence that was before trial court at time of judgment). 12 .
discussed Cited "see, e.g." Home Owners Management Enterprises, Inc. v. Dean (2×)
Tex. App. · 2007 · signal: see also · confidence low
Hamm v. Millennium Income Fund, L.L.C., 178 S.W.3d 256, 272 (Tex.App.-Houston [1st Dist.] 2005, pet. denied) (citing Methodist Hosps. of Dallas v. Tall, 972 S.W.2d 894, 898 (Tex.App.-Corpus Christi 1998, no pet.) (“It is axiomatic that an appellate court reviews actions of a trial court based on the materials before the trial court at the time it acted.”), cert. denied, — U.S. -, 127 S.Ct. 297 , 166 L.Ed.2d 154 (2006)); see also Univ. of Tex. v. Morris, 162 Tex. 60, 64 , 344 S.W.2d 426 , 429 (1961) (appellate court’s action controlled by record in trial court at time trial court acted;…
Retrieving the full opinion text from the archive…
The University of Texas Et Al
v.
Chester R. Morris
A-8031.
Texas Supreme Court.
Mar 8, 1961.
344 S.W.2d 426
Will Wilson, Attorney General, Laivrence Hargrove, Assistant Attorney General, and Q. C. Taylor, of Austin, for petitioners., Chester R. Morris, of San Antonio, in pro se.
Norvell.
Cited by 90 opinions  |  Published
MR. JUSTICE NORVELL

delivered the opinion of the Court.

On April 20, 1960, the District Court of Travis County, Texas, ordered a consolidation of three separate suits in which Chester R. Morris was plaintiff and numerous persons, including the State of Texas, The University of Texas and Dr. Anthony P. Rousos were defendants. Morris moved to stay proceedings in the consolidated cause until he could try a suit filed by him against Dr. Rousos in the United States District Court of New Mexico. Dr. Rousos countered by requesting a temporary injunction restraining Morris from proceeding with the New Mexico case until the consolidated case had been disposed of. Morris’ motion was overruled and the defendants’ application for temporary injunction was granted. Upon appeal from the order granting the temporary injunction, the Court of Civil Appeals reversed the order of the trial court. 337 S.W. 2d 169.

The majority of the- appellate court treated the matter as[*62] one of abatement. One of the justices was of the opinion that the application for the temporary injunction sought to invoke the trial court’s equitable power to prevent vexatious litigation. We agree with this view. In his reply to Morris’ motion to stay and in his affirmative application for temporary injunction, Dr. Rousos pleaded that the consolidated suit in the Texas court and the suit filed in the federal court in New Mexico were essentially the same and that he and the other defendants in the consolidated cause had “been harassed through a period of years by similar suits involving similar and the same causes of action filed by the plaintiff in the County Court of Travis County, Texas, and in the 126th, 98th and 53rd District Courts of Travis County, Texas” and that “he (Morris) still persists in filing numerous other suits involving essentially the same causes of action, all of which have greatly harassed this defendant as well as all of the other defendants. * * *.”

A district court having jurisdiction of the parties and the subject matter may enjoin a party from prosecuting a cause of action in another court when such relief is necessary to prevent a ¡multiplicity of suits, avoid vexatious litigation, or prohibit the use of the judicial processes for purposes of harassment. Repka v. American National Ins. Co., 143 Tex. 542, 186 S.W. 2d 977; Baltimore & Ohio R. Co. v. Kapner, 314 U.S. 44, 62 S. Ct. 6, 8 L. ed. 28; Poole v. Mississippi, 208 Miss. 364, 44 So. 2d 467; 21 C. J. S. 858, Courts §554; 43 C. J. S. 499, Injunctions, §49; 28 Am. Jur. 708, 715, 716, Injunctions, §§ 220, 209, 210; Cf. Galveston, Harrisburg & San Antonio Ry. Co. v. Dowe, 70 Tex. 5, 7 S.W. 368; Renfroe v. Johnson, 142 Tex. 251, 177 S.W. 2d 600; Gulf, Colorado & Santa Fe Ry. Co. v. Pearlstone Mill & Elevator Co., Tex. Com. App., 53 S.W. 2d 1001, holding approved by the Supreme Court; Commonwealth Casualty & Insurance Co. v. Morris, Tex. Civ. App., 155 S.W. 2d 394, no wr. hist.

Despite Dr. Rousos’ failure to enter an appearance in the Texas suit prior to the time the New Mexico suit was filed, we are of the opinion that his position is not so lacking in equity as to deny him the injunctive relief which was awarded him by the trial court. Had Morris instituted but two suits, one in Texas and a later one in New Mexico, there undoubtedly would have existed a lack of equity. But this is not the entire picture of events.

The nature of Morris’ asserted cause of action is discussed in detail by the Court of Civil Appeals in Morris v. Nowotny,[*63] 323 S.W. 2d 301, wr. ref. n.r.e. The principal charges made by Morris were that “he was ordered off the University campus by Deans Nowotny and Bredt; that he was arrested by University policemen upon his refusal to leave University premises; that Doctors White and Rousos testified falsely regarding his mental condition; that he had been barred readmittance to the University, and that Dan Nowotny had given out false information to his employers or prospective employers.” 323 S.W. 2d 311. In the particular case, the cause as against Dr. Rousos and a number of defendants was dismissed without prejudice.

In the present case when Morris’ motion to stay proceedings in the Texas court and Dr. Rousos’ application for temporary injunction were heard, the trial judge made extensive inquiries of Morris in regard to his institution of suits against The University of Texas and other defendants, including Dr. Rousos.

Morris testified that after the dismissal of the case considered by the Court of Civil Appeals, he secured the permission of the Legislature to sue the state and thereafter instituted numerous suits based upon the occurrences above mentioned. It appears that in addition to the case which went to the Court of Civil Appeals (337 S.W. 2d 169) and the three causes which were filed in the district courts of Travis County and consolidated into one cause, Morris instituted some six or seven additional suits in the state and federal courts and attempted to institute others. In many of these, Dr. Rousos was named a party defendant and all were based upon The University of Texas incidents alluded to.

If the filing of a multiplicity of suits involving the same controversy or subject matter were not in itself sufficient ground for injuctive relief, Morris’ purpose in filing repeated suits is made abundantly clear by a letter which he wrote the attorneys for the defendants in which, among other things, he said:

“I plan to push action against the individuals ahead of action against the state. Regardless of whether I am awarded damages, I can always sue. It will not pay the defendants to defend legal actions until death do we part. It will be cheaper for the defendants to settle out of court.”

See, Renfroe v. Johnson, 142 Texas 251, 177 S.W. 2d 600. From the evidence adduced at the hearing, the trial judge[*64] could well conclude that Morris was taking advantage of the rule which allows the prosecution of suits upon an affidavit of inability to pay costs, and instituting numerous lawsuits based upon the same transaction in the hope of securing payments of money from the defendants in order to avoid harassment.

While the courts are open to all persons for the litigation of their claims and demands, the judicial processes cannot be used for purposes of mere harassment in an effort to effect settlements. While the injunction preventing the filing of suits is a device which should be employed sparingly and with care, the evidence here supports the trial judge’s action. Morris has been deprived of no legal rights. He is free to litigate his claim in the pending consolidated suits in the district court of the county where the transactions upon which he bases his claim took place. But he may not be permitted to file repeated suits in various forums for harassment purposes.

One further matter may be mentioned. It is made known to us by the filing of a supplemental transcript that sometime after the decision of the Court of Civil Appeals in this case, Morris filed an amended petition in the consolidated cause out of which the disputed injunction was issued wherein he pleaded that he was no longer suing Dr. Rousos in the Texas court but instead was prosecuting a suit against Dr. Rousos in the United District Court for the District of New Mexico. He also filed a motion to dismiss Dr. Rousos from the Texas case without prejudice.

This action does not render the temporary injunction feature of the case moot. The trial court enjoined Morris from prosecuting the New Mexico suit. The correctness of that order is the matter before us. Events taking place subsequent to the issuance of a temporary injunction may afford a basis for a modification of the order by the trial court but unless such occurrences -render the cause for injunctive relief entirely moot or academic, 3 Tex. Jur. 2d 313, (which is not the case here), our action must be controlled by the record made in the trial court at the time the injunction was issued.

For the reasons pointed out, the judgment of the Court of Civil Appeals is reversed and that of the trial court affirmed.

Associate Justice Steakey not sitting.