Moreno v. Baker Tools, Inc., 808 S.W.2d 208 (Tex. App. 1991). · Go Syfert
Moreno v. Baker Tools, Inc., 808 S.W.2d 208 (Tex. App. 1991). Cases Citing This Book View Copy Cite
48 citation events (25 in the last 25 years) across 1 distinct court.
Strongest positive: Brad G. Grounds, HAP Land LLC, Shale Marketplace LLC and GW3 Royalties LLC. v. First Groundrock Royalties, LLC., Step Groundrock Investment, LP and South Texas Energy Partners, LLC (texapp, 2021-05-26)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 27 distinct citers.
discussed Cited as authority (rule) Brad G. Grounds, HAP Land LLC, Shale Marketplace LLC and GW3 Royalties LLC. v. First Groundrock Royalties, LLC., Step Groundrock Investment, LP and South Texas Energy Partners, LLC
Tex. App. · 2021 · confidence medium
Pleadings Do Not Satisfy Requirement “Pleadings and testimony do not satisfy the requirement that the temporary injunction order must state the reasons for its issuance.” Moreno v. Baker Tools, Inc., 808 S.W.2d 208, 211 (Tex. App.—Houston [1st Dist.] 1991, no writ) (citing Courtlandt Place Historical Found. v. Doerner, 768 S.W.2d 924, 925 (Tex. App.—Houston [1st Dist.] 1989, no writ)). -4- 04-20-00567-CV D.
cited Cited as authority (rule) Danbill Partners, LP v. Saul Sandoval and Veronica Sandoval
Tex. App. · 2020 · confidence medium
Fasken, 901 S.W.2d at 593 , (citing Moreno v. Baker Tools, 808 S.W.2d 208, 210 (Tex.App.--Houston [1st Dist.] 1991, no writ)).
discussed Cited as authority (rule) Oak Mortgage Group, Inc. Michael H. Nasserfar Michael E. Task And Tycord R. Gosnay v. Ameripro Funding, Inc.
Tex. App. · 2015 · confidence medium
The other decisions that Appellants cite are inapposite, because the temporary injunction orders in those decisions did not list any reasons for issuance, and in several instances did not mention “injury” at all.23 As stated in Intercontinental Terminals Company, LLC v. Vopak North America, Inc., 354 S.W.3d 887, 899 (Tex. App. – Houston [1st Dist.] 2011, no pet.), which Appellants cite in their brief, “An explanation of the pending harm to 23 Moreno v. Baker Tools, Inc., 808 S.W.2d 208, 211 (Tex. App. – Houston [1st Dist.] 1991, no pet.) (order does not mention “injury” or otherw…
discussed Cited as authority (rule) Oak Mortgage Group, Inc. Michael H. Nasserfar Michael E. Task And Tycord R. Gosnay v. Ameripro Funding, Inc.
Tex. App. · 2015 · confidence medium
The other decisions that Appellants cite are inapposite, because the temporary injunction orders in those decisions did not list any reasons for issuance, and in several instances did not mention “injury” at all.23 As stated in Intercontinental Terminals Company, LLC v. Vopak North America, Inc., 354 S.W.3d 887, 899 (Tex. App. – Houston [1st Dist.] 2011, no pet.), which Appellants cite in their brief, “An explanation of the pending harm to 23 Moreno v. Baker Tools, Inc., 808 S.W.2d 208, 211 (Tex. App. – Houston [1st Dist.] 1991, no pet.) (order does not mention “injury” or otherw…
discussed Cited as authority (rule) Oak Mortgage Group, Inc. Michael H. Nasserfar Michael E. Task And Tycord R. Gosnay v. Ameripro Funding, Inc.
Tex. App. · 2015 · confidence medium
Co., 104 S.W.3d 239, 243 (Tex. App. -- Beaumont 2003, no pet.); Fasken v. Darby, 901 S.W.2d 591, 593 (Tex. App. -- El Paso 1995, no writ); and, Mareno v. Baker Tools, Inc. 808 S.W.2d 208, 210 (Tex. App. -- Houston [1st Dist.] 1991, no writ).
discussed Cited as authority (rule) Percy L. Wayne Isgitt, Individually, and Isgitt & Associates, PC v. Christine Godwin, as Permanent Guardian of Craig Godwin
Tex. App. · 2015 · confidence medium
Bank, FSB v. Brown, 142 S.W.3d 586, 591 (Tex. App.—Texarkana 2004, no pet.) (concluding that although error concerning the mandatory requirements of rule 683 was not raised on appeal, the temporary injunction was void because it did not include an order setting the cause for trial on the merits); Henke v. Peoples State Bank, 6 S.W.3d 717, 721 (Tex. App.—Corpus Christi 1999, pet. dism’d w.o.j.) (holding a temporary-injunction order defective for failing to set forth a trial date); Moreno v. Baker Tools, Inc., 808 S.W.2d 208, 210 (Tex. App.—Houston [1st Dist.] no writ) (stating that an i…
discussed Cited as authority (rule) Laredo National Bank D/B/A as BBVA Compass Bank v. Myrna Elizabeth De Luna Morales (2×) also: Cited "see, e.g."
Tex. App. · 2014 · confidence medium
Tex. May 27, 2011)..........................................................................25 vi McGlothlin v. Kliebert, 672 S.W.2d 231, 232 (Tex. 1984). .................................7,10 Milton v. U.S. Bank National Ass’n, 508 F. App’x 326 , 329–30 (5th Cir. 2013) ......................................................................................................20 Moreno v. Baker Tools, Inc., 808 S.W.2d 208, 210 (Tex.App—Houston [1st dist.] 1991, no writ). ......................................................................................30 Mullins v. TestAmerica, Inc., 564…
discussed Cited as authority (rule) First State Bank of Odem v. Charlie Flores and Jessica Flores
Tex. App. · 2014 · confidence medium
Bank, FSB v. Brown, 142 S.W.3d 586, 591 (Tex. App.—Texarkana 2004, no pet.) (concluding that although error concerning the mandatory requirements of Rule 683 was not raised on appeal, the temporary injunction was void because it did not include an order setting the cause for trial on the merits); Henke v. Peoples State Bank, 6 S.W.3d 717, 721 (Tex. App.—Corpus Christi 1999, pet. dism’d w.o.j.) (holding temporary injunction order defective for failure to set forth trial date); Moreno v. Baker Tools, Inc., 808 S.W.2d 208, 210 (Tex. App.—Houston [1st Dist.] 1991, no writ) (stating injunct…
discussed Cited as authority (rule) in the Matter of the Marriage of Charlie F. McAdams and Lesa McDowell McAdams
Tex. App. · 2008 · confidence medium
See EOG Res., Inc. v. Gutierrez , 75 S.W.3d 50 (Tex. App.-San Antonio 2002, no pet.); Henke v. Peoples State Bank , 6 S.W.3d 717, 721 (Tex. App.-Corpus Christi 1999, pet. dism'd w.o.j.); Moreno v. Baker Tools, Inc. , 808 S.W.2d 208, 210 (Tex. App.-Houston [1st Dist.] 1991, no writ).
cited Cited as authority (rule) Metra United Escalante, L.P. v. Lynd Co.
Tex. App. · 2004 · confidence medium
Moreno v. Baker Tools, Inc., 808 S.W.2d 208, 210 (Tex.App.-Houston [1st Dist.] 1991, no pet.).
discussed Cited as authority (rule) in the Matter of the Marriage of Richard Dean Grossnickle and Lee Ann Grossnickle and in the Interest of Emily Ann Grossnickle, a Minor Child
Tex. App. · 2003 · confidence medium
See EOG Res., Inc. v. Gutierrez , 75 S.W.3d 50 (Tex. App.-San Antonio 2002, no pet.); Henke v. Peoples State Bank , 6 S.W.3d 717, 721 (Tex. App.-Corpus Christi 1999, pet. dism'd w.o.j.); Moreno v. Baker Tools, Inc. , 808 S.W.2d 208, 210 (Tex. App.-Houston [1st Dist.] 1991, no writ).
discussed Cited as authority (rule) In Re the Marriage of Grossnickle
Tex. App. · 2003 · confidence medium
See EOG Res., Inc. v. Gutierrez, 75 S.W.3d 50 (Tex.App.-San Antonio 2002, no pet.); Henke v. Peoples State Bank, 6 S.W.3d 717, 721 (Tex.App.-Corpus Christi 1999, pet. dism’d w.o.j.); Moreno v. Baker Tools, Inc., 808 S.W.2d 208, 210 (Tex.App.-Houston [1st Dist.] 1991, no writ).
discussed Cited as authority (rule) EOG Resources, Inc. v. Gutierrez
Tex. App. · 2002 · confidence medium
See Henke v. Peoples State Bank, 6 S.W.3d 717, 721 (Tex.App.-Corpus Christi 1999, pet. dism'd w.o.j.) (finding temporary injunction order defective for failure to set forth trial date); Moreno v. Baker Tools, Inc., 808 S.W.2d 208, 210 (Tex.App.-Houston [1st Dist.] 1991, no writ) (stating injunction order must include specific date for trial on merits); Corpus Christi Caller-Times v. Mancias, 794 S.W.2d 852, 854 (Tex.App.-Corpus Christi 1990, mandamus motion overruled) (holding injunction order void for failing to contain required trial date); Higginbotham v. Clues, 730 S.W.2d 129, 129 (Tex.App…
discussed Cited as authority (rule) texapp 2000
Tex. App. · 2000 · confidence medium
Co. , 484 S.W.2d 579, 581 (Tex. 1972); Moreno v. Baker Tools, Inc ., 808 S.W.2d 208, 211 (Tex. App.--Houston [1st Dist.] 1991, no writ); Castaneda v. Gonzalez , 985 S.W.2d 500, 502 (Tex. App.--Corpus Christi 1998, no pet.).
discussed Cited as authority (rule) Garcia-Marroquin v. Nueces County Bail Bond Board
Tex. App. · 1999 · confidence medium
See Tex. R.CrvP. 683, 684; see also Fasken v. Darby, 901 S.W.2d 591, 593 (Tex.App.—El Paso 1995, no writ) (holding temporary injunction void where it failed to identify reasons injunction was proper and reasons for irreparable harm if injunction not granted); Moreno v. Baker Tools, Inc., 808 S.W.2d 208, 210 (Tex.App.—Houston [1st Dist.] 1991, no writ) (holding injunction order not setting forth specific reasons for issuance void); see also Lancaster v. Lancaster, 155 Tex. 528 , 291 S.W.2d 303, 308 (1956) (temporary injunction not requiring a bond from plaintiff void).
discussed Cited as authority (rule) Fasken v. Darby (2×)
Tex. App. · 1995 · confidence medium
Tex.R.Civ.P. 97(d); State v. Cook United, Inc., 464 S.W.2d 105, 106 (Tex.1971); Univ. of Texas Medical School v. Than, 834 S.W.2d at 428 ; Moreno v. Baker Tools, 808 S.W.2d 208, 210 (Tex.App. — Houston [1st Dist.] 1991, no writ); Byrd Ranch, Inc. v. Interwest Sav.
cited Cited as authority (rule) Northwest Bank v. Garrison
Tex. App. · 1994 · confidence medium
Moreno v. Baker Tools, Inc., 808 S.W.2d 208, 211 (Tex.App.—Houston [1st Dist.] 1991, no writ).
discussed Cited as authority (rule) University of Texas Medical School at Houston v. Than (2×)
Tex. App. · 1992 · confidence medium
Transport, Co. of Tex. v. Robertson Transp., Inc., 152 Tex. 551 , 261 S.W.2d 549, 553 (1953); Moreno v. Baker Tools, Inc., 808 S.W.2d 208, 210 (Tex.App.—Houston [1st Dist.] 1991, orig. proceeding). 2.
discussed Cited as authority (rule) Texas Industrial Gas v. Phoenix Metallurgical Corp. (2×)
Tex. App. · 1992 · confidence medium
Davis, 571 S.W.2d at 861-62 ; Moreno v. Baker Tools, Inc., 808 S.W.2d 208, 211 (Tex.App.—Houston [1st Dist.] 1991) (orig. proceeding).
cited Cited as authority (rule) Henderson v. KRTS, Inc.
Tex. App. · 1992 · confidence medium
Transport Co. of Texas v. Robertson Transp., Inc., 152 Tex. 551 , 261 S.W.2d 549, 553 (1953); Moreno v. Baker Tools, Inc., 808 S.W.2d 208, 210 (Tex.App.—Houston [1st Dist.] 1991) (orig. proceeding).
cited Cited "see" texapp 2003
Tex. App. · 2003 · signal: see · confidence high
See Moreno v. Baker Tools, Inc., 808 S.W.2d 208, 210 (Tex. App.--Houston [1st Dist.] 1991, no writ).
discussed Cited "see" International Brotherhood of Electrical Workers Local Union 479 v. Becon Construction Co. (2×)
Tex. App. · 2003 · signal: see · confidence high
See Moreno v. Baker Tools, Inc., 808 S.W.2d 208, 210 (Tex.App.-Houston [1st Dist.] 1991, no writ).
discussed Cited "see, e.g." Beachsiders, LLC, D/B/A Beachsiders Bar & Grill v. Eric Vaughan
Tex. App. · 2023 · signal: see also · confidence medium
The Vaughans also argue the temporary injunction complies with Rule 683 because it states the trial court reached its conclusion “based on Appellee Eric Vaughan’s testimony and other evidence presented at the temporary injunction hearing.” But “[p]leadings and testimony do not satisfy the requirement that the 21 temporary injunction order must state the reasons for its issuance.” Courtlandt Place Historical Found. v. Doerner, 768 S.W.2d 924, 925 (Tex. App.—Houston [1st Dist.] 1989, no writ) (ordering dissolution of temporary injunction that lacked reasons for its issuance even thou…
discussed Cited "see, e.g." Rocklon, LLC v. Beverly Paris, Individually and as Personal Representative of the Estate of Kristin Paris, and Daniel Paris
Tex. App. · 2015 · signal: see also · confidence medium
Co., 104 S.W.3d 239, 244 (Tex. App.— Beaumont 2003, no pet.); see also Moreno v. Baker Tools, Inc., 808 S.W.2d 208, 211 (Tex. App.—Houston [1st Dist.] 1991, no pet.) (“Pleadings and testimony do not satisfy the requirement that the temporary injunction order must state the reasons for its issuance.”).
discussed Cited "see, e.g." Intercontinental Terminals Company, LLC v. Vopak North America, Inc., Vopak Terminal Deer Park, Inc. and Port Terminal Railroad Association
Tex. App. · 2011 · signal: see also · confidence medium
State v. Cook United, Inc. , 464 S.W.2d 105, 106 (Tex. 1971); Transport Co. of Tex. v. Robertson Transports Inc. , 261 S.W.2d 549, 556 (Tex. 1953); see also, e.g., Moreno v. Baker Tools, Inc. , 808 S.W.2d 208, 210 (Tex. App.—Houston [1st Dist.] 1991, no writ).
discussed Cited "see, e.g." Intercontinental Terminals Co. v. Vopak North America, Inc.
Tex. App. · 2011 · signal: see also · confidence medium
State v. Cook United, Inc., 464 S.W.2d 105, 106 (Tex.1971); Transport Co. of Tex. v. Robertson Transports Inc., 152 Tex. 551 , 261 S.W.2d 549, 552 (1953); see also, e.g., Moreno v. Baker Tools, Inc., 808 S.W.2d 208, 210 (Tex.App.-Houston [1st Dist.] 1991, no writ).
discussed Cited "see, e.g." Wyatt v. Cowley
Tex. App. · 2002 · signal: see also · confidence medium
Interscholastic League v. Torres, 616 S.W.2d 355, 357-58 (Tex.Civ.App.-San Antonio 1981, no writ); see also Moreno v. Baker Tools, Inc., 808 S.W.2d 208, 210 (Tex.App.-Houston [1st Dist.] 1991, no writ) (stating injunction order must include specific date for trial on merits); Hopper v. Safeguard Bus.
Santiago MORENO, Appellant,
v.
BAKER TOOLS, INC., Baker Transworld, Inc., and Ernie P. Gaston, Appellees
01-90-00471-CV.
Court of Appeals of Texas.
Apr 4, 1991.
808 S.W.2d 208
Yocel Alonso, Houston, for appellant., D. Mitchell McFarland, Craig L. Wein-stock, Richard W. Staff, Lidell, Sapp, Zively, Hill & LaBoon, Houston, for appellees.
O'connor, Duggan and Mirabal.
Cited by 32 opinions  |  Published

OPINION

O’CONNOR, Justice.

This Court is asked to determine whether the trial court abused its discretion when it temporarily enjoined [1] Santiago Moreno from pursuing any court proceedings in Ecuador. We hold it did. We declare the temporary injunction void and we order that it be dissolved.

1. The background

Santiago Moreno, an Ecuadorian national, filed a defamation suit in Harris County district court in 1989. In the suit, Moreno alleged that Baker Transworld, Inc. (BTI), Ernest P. Gaston, an employee of BTI (collectively the BTI-Gaston defendants), and other defendants, gave Moreno’s employer, the Ecuadorian national petroleum company, Corporación Estatal Petrolera Ecuatori-ana (CEPE), certain documents and letters[*210] forged with his name. Moreno alleged the defendants libeled him, which led to his demotion and transfer from Houston to Ecuador. The other defendants in the defamation suit are top level management personnel of BTI, other subsidiary corporations, and employees of BTI’s parent corporation, Baker Hughes, Inc. These entities use the same office space as BTI in Quito, Ecuador.

Moreno gave his deposition in Houston and later deposed Gaston in Ecuador. Using answers given by Gaston in that deposition, Moreno filed criminal perjury charges against Gaston in Ecuador. Moreno alleged that Gaston lied under oath when he said he had no legal connection to Baker Oil Tools, Inc. (BOTI) and had not transmitted the documents from BOTI to CEPE.

Moreno obtained an arrest order on March 29, 1990. That same day, Moreno, with two agents of the Servicio De Investi-gación Criminal (SIC), an Ecuadorian police agency, went to the office building where Gaston worked. Moreno and the two officers went to arrest Gaston, but left without Gaston. Fearing for his safety, Gaston left Ecuador a few days later and went to Colombia. The arrest order was later revoked.

In the Harris County suit, BTI’s attorney requested a temporary restraining order and temporary injunction to stop Moreno from taking any further legal actions in Ecuador. The trial court granted the temporary restraining order, and, after a hearing, granted the temporary injunction.

Because we dispose of this appeal by point of error three, we do not reach the issues in the other points of error.

2. The propriety of the order

In point of error three, Moreno claims that the trial court erred in granting the temporary injunction because the injunction order does not meet the requirements of Tex.R.Civ.P. 683. Moreno contends that the injunction order was not narrowly drawn, does not specify the type of action prohibited, and does not state the reasons for its issuance. The BTI-Gaston defendants, in their reply points one and seven, say the injunction complies with all legal requirements and the injunction issued to stop Moreno from bringing vexatious, harassing, and coercive legal proceedings in foreign jurisdictions without first seeking leave of the trial court and showing good cause. The BTI-Gaston defendants also say the injunction gives Moreno fair notice of what actions are being restricted.

a. The trial court’s standard

An injunction order must comply with the requirements of Tex.R.Civ.P. 683. It must set forth the reasons for its issuance, state specific terms, describe in reasonable detail the acts sought to be restrained, and include a specific date for a trial on the merits. An injunction designed to prevent harassment must give fair notice of what is being restricted and must not unduly impinge on the exercise of constitutional rights. See, e.g., Kramer v. Downey, 680 S.W.2d 524, 526 (Tex.App.—Dallas 1984, writ ref'd n.r.e.).

The trial court has the discretion to grant or deny a temporary injunction. Iranian Muslim Organization v. City of San Antonio, 615 S.W.2d 202, 208 (Tex.1981). The trial court must comply with rule 683. InterFirst Bank San Felipe, N.A. v. Paz Constr. Co., 715 S.W.2d 640, 641 (Tex.1986). The trial court is not required to explain its reasons in the order for believing that the applicant showed a probable right to final relief, but the court must give the reasons why injury will be suffered if the interlocutory relief is not ordered. State v. Cook United, Inc., 464 S.W.2d 105, 106 (Tex.1971); Hermann Hosp. v. Thu Nga Thi Tran, 730 S.W.2d 56, 58 (Tex.App.—Houston [14th Dist.] 1987, no writ). If the trial court’s order for a temporary injunction does not state reasons why injury will be suffered if the interlocutory relief is not ordered, we will declare it void and dissolve it. Courtlandt Place Historical Found. v. Doerner, 768 S.W.2d 924, 926 (Tex.App.—Houston [1st Dist.] 1989, no writ); Hermann Hosp., 730 S.W.2d at 58-59.

[*211] b. The appellate court’s standard of review

In reviewing the trial court’s order on an injunction, unless we find the trial court clearly abused its discretion, we will not disturb the injunction. Iranian Muslim Organization, 615 S.W.2d at 208; Philipp Bros., Inc. v. Oil Country Specialists, Ltd., 709 S.W.2d 262, 265 (Tex.App.—Houston [1st Dist.] 1986, writ dism’d). In this review, we will not substitute our judgment for that of the trial court’s. New Process Steel Corp. v. Steel Corp. of Texas, 638 S.W.2d 522, 524 (Tex.App.—Houston [1st Dist.] 1982, no writ). Our sole function is to determine whether the trial court’s action was so arbitrary it exceeded the bounds of reasonable discretion. Id.

In our review of an order granting a temporary injunction, we will draw all legitimate inferences from the evidence in a way to favor the trial court’s judgment. James v. Wall, 783 S.W.2d 615, 618 (Tex.App.—Houston [14th Dist.] 1989, no writ). A trial court abuses its discretion when it misapplies the law to the established facts or when the evidence does not support the findings of probable injury or probable right of recovery. State v. Southwestern Bell Tel. Co., 526 S.W.2d 526, 528 (Tex.1975); James, 783 S.W.2d at 618.

c. The injunction order

The injunction order, dated June 4, 1990, states:

The Court, having previously issued an Order dated May 2, 1990 on the Application for Temporary Injunction of Baker Transworld, Inc. in the above-referenced matter, hereby enters this Order nunc pro tunc (sic), in place of the Order of May 2, 1990:
Ordered that Plaintiff Santiago Moreno is hereby enjoined from harassing, intimidating, coercing, threatening or doing anything similar to induce, or pressure the Defendants or their agents or representatives to accede, settle, pay, concede or confess to judgment of the claim or claims alleged by the Plaintiff in this cause of action by taking any action, especially criminal action, or initiating any criminal proceedings or any other type of proceedings in any other forum, especially in Ecuador, without first coming to this Court and showing good cause to do the same; provided, however, that this Order shall not apply to any filings in any federal district court in these United States. It is further
Ordered that bond be posted in the amount of $10,000.00 for the protection of Plaintiff....

The order does not expressly state the reason the trial court issued the injunction, that is, to prevent Moreno from using proceedings in Ecuador to force the BPI-Gaston defendants into a settlement. We can surmise that that is the purpose of the injunction only if we look to the pleadings and the evidence.

During oral argument, counsel for the BTI-Gaston defendants admitted the order does not set forth the specific reasons for the issuance of the injunction. The BTI-Gaston defendants argued it was not necessary for the trial court to state the reasons for the injunction in the order and cited us to State v. Cook United, Inc. The Cook United case, however, involved the violation of a statute, not a factor here. The majority in Cook United held that it was not necessary for the order to contain the reasons because “The statute itself declares the injury.” 464 S.W.2d at 107. As Chief Justice Calvert stated in his concurring opinion, Cook United should be limited to the facts in that case: an injunction on behalf of the State, granted to restrain the operation of a violation of a statute. Id.

The BTI-Gaston defendants also argued we can infer the reasons for the injunction from the pleadings, the evidence, and the court’s oral pronouncement at the hearing. We cannot. Pleadings and testimony do not satisfy the requirement that the temporary injunction order must state the reasons for its issuance. Courtlandt Place Historical Found., 768 S.W.2d at 925; Tex.R.Civ.P. 683.

We sustain Moreno’s point of error three.

1

. A temporary injunction is an appealable order. Tex.Civ.Prac. & Rem.Code Ann. § 51.014(4) (Vernon Supp.1991).