Chapter 8-2 Permanent Injunction

8-2 Permanent Injunction

8-2:1 Overview

A permanent injunction is not a cause of action, but an equitable remedy. Unlike a temporary injunction, a permanent injunction provides permanent relief. A permanent injunction is intended to give final or permanent relief after a trial on the merits. Unlike a temporary injunction, a permanent injunction may be perpetual in nature, or may extend until a particular date set by the trial court. Permanent injunctions do not depend on any further action by the trial court and grant all the relief that the court intends to grant in the case.

8-2:1.1 Related Causes of Action

Temporary Injunction, Temporary Restraining Order, Breach of Covenant Not to Compete, Misappropriation of Trade Secrets, Tortious Interference with Business Relations

MUST READ CASES

Triantaphyllis v. Gamble, 93 S.W.3d 398 (Tex. App.—Houston [14th Dist.] 2002, pet. denied) (outlining the elements required for permanent injunctive relief)

1717Bissonnet, LLC v. Loughhead, 500 S.W.3d 488 (Tex. App.—Houston [14th Dist.] 2016)

Webb v. Glenbrook Owners Ass'n, Inc., 298 S.W.3d 374 (Tex. App.—Dallas 2009, no pet.)

8-2:2 Elements

(1) The existence of a wrongful act

• The applicant must prove that the defendant has attempted to, or intends to harm the plaintiff in the future.⁴⁴
• Fear or apprehension of the possibility of injury is not sufficient.⁴⁵

(2) The existence of imminent harm

• An injunction will not issue unless it is shown that the defendant will engage in the activity enjoined.⁴⁶

(3) The existence of irreparable injury, and

• A permanent injunction will not be issued to prevent an injury that is purely conjectural or speculative.⁴⁷
• An irreparable injury is one for which actual damages will not adequately compensate the injured party or the damages cannot be measured by any certain pecuniary standard.⁴⁸

• Disruption to a business can be irreparable harm.⁴⁹
• Courts can enforce contractual rights by permanent injunction if the injured party shows an inadequate remedy at law and an irreparable injury.⁵⁰
• For example, when a competitor acquired a plaintiff's trade secrets, used those trade secrets to drive away a particular company's business, and a large part of the plaintiff's business came from that one company, the plaintiff suffered an irreparable injury.⁵¹

• When a party's actions would disrupt the organized business dealings of a company, threaten customer confidence in the company, and probably cause the company to lose customers and