Newton O. Rogers v. Gene Howell

Appellants appeal from a judgment granting to appellees, three individual shareholders of American Cities Trust Company, a temporary injunction against appellants' foreclosure on certain realty owned by American Cities Trust Company. Appellants challenge the jurisdiction of the trial court because an allegedly indispensable party has not been joined, and contend that the trial court abused its discretion because no evidence was introduced to justify this judgment. Since we find that no evidence was introduced which could support issuance of a temporary injunction, we reverse and remand. Appellants raise the question of whether a corporation whose charter has been forfeited for failure to pay its franchise tax is an indispensable party to an action by shareholders of that corporation to enjoin foreclosure of property owned by the corporation. On appeal of a preliminary matter, such as the issuance of this temporary injunction, however, that question is not reached. See Brooks v. Expo Chemical Co., 576 S.W.2d 369, 370 (Tex.1979); Charter Medical Corp. v. Miller, 547 S.W.2d 77, 78 (Tex.Civ.App. Dallas 1977, no writ). Therefore, we overrule appellant's first point of error. Additionally, we reaffirm our condemnation of the practice of attempting to obtain an advance ruling on the merits by appealing the issuance of a temporary injunction. E. g., Reeder v. Intercontinental Plastics Mfg. Co., 581 S.W.2d 497, 499 (Tex.Civ.App. Dallas 1979, no writ); Charter Medical Corp. v. Miller, 547 S.W.2d at 79; Town Plaza Fabrics, Inc. v. Monumental Properties of Texas, Inc., 544 S.W.2d 775, 776 (Tex.Civ.App. Dallas 1976, no writ). The most expeditious relief from such an order is prompt trial on the merits. Reeder v. Intercontinental Plastics Mfg. Co., 581 S.W.2d at 499.