Brenda Johnson & Tamara Rhodes & Bravlee Busby v. Kris Zurita & Sara Zurita
CourtTexas Court of Appeals, 1st District (Houston)
Date FiledOctober 16, 2026
Docket01-25-00794-CV
StatusPublished
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Full Opinion
Opinion issued October 16, 2026
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-25-00794-CV
———————————
BRENDA JOHNSON, TAMARA RHODES,
AND BRAYLEE BUSBY, Appellants
V.
KRIS AND SARA ZURITA, Appellees
On Appeal from the County Court at Law No. 2
Brazoria County, Texas
Trial Court Case No. C168248
MEMORANDUM OPINION
The appellants, Brenda Johnson, Tamara Rhodes, and Braylee Busby, appeal
from a temporary injunction in a case brought by their neighbors, Kris and Sara
Zurita, for negligence, trespass to land, and property damage.
In two issues, the appellants contend the temporary injunction is void for
failing to comply with Texas Rule of Civil Procedure 683 and the trial court abused
its discretion in granting its overly broad temporary injunction unsupported by the
evidence.
We hold the temporary injunction violates Rule 683 and is thus void. We
vacate the injunction.
Background
The appellees, Kris and Sara Zurita (the “Zuritas”), are neighbors who share
a fence line with Brenda Johnson, Tamara Rhodes, and Braylee Busby, mother,
daughter, and granddaughter, who reside together.1
The Zuritas sued the appellants for negligence, gross negligence, trespass,
vandalism, and conversion. The Zuritas alleged, among other things, the appellants
allowed their animals to enter on the Zuritas’ property and caused harm to their
property and livestock, shined bright lights toward their home, and harassed them
by various means. The Zuritas also sought a declaratory judgment that the appellants
are not allowed to enter onto any property that they do not themselves own. The
appellants brought counter-claims against the Zuritas for trespass, conversion, and
harassment. The Zuritas sought temporary and permanent injunctive relief to enjoin
1
Although Braylee Busby used to live with Brenda Johnson and Tamara Rhodes, she
does not currently reside with them.
2
the appellants “from entering or allowing the entry by their livestock, non-livestock
animals, or other persons” on the Zuritas’ property.
Temporary Injunction Order
The trial court granted the Zuritas’ application for temporary injunction in the
following order:
BE IT REMEMBERED, that on the 2nd of September, 2025,
came to be heard the Plaintiff’s motion for a temporary injunction. The
witnesses were sworn and provided testimony. The Court, having
reviewed the pleadings and the evidence, and being of the opinion that
the Temporary Injunction should be ordered,
AND FINDING that the Defendants have trespassed by
traversing the property lines, allowing livestock and dogs to traverse
the property line, have harassed the Plaintiffs by shooting in their
direction, dumping, spreading corn to attract wildlife onto the
Plaintiff’s property, dumping dead animals into the creek, and
threatening the Plaintiffs,
and
IT IS FURTHER FOUND that the Plaintiffs are likely to prevail
in their claims for trespass, and harassment; and because of the
multiplicity of actions needed to address each and every event, and the
lack of an adequate remedy, a temporary injunction is appropriate;
and
IN ORDER TO preserve the status quo, and to prevent further
disturbances of this kind,
IT IS HEREBY ORDERED that the Defendants, Brenda
Johnson, Tamara Rhodes, and Braylee Busby, their officers, agents,
servants, employees, and attorneys, and those persons in active concert
or participation with them, are hereby enjoined and prohibited from:
1) Entering onto the Plaintiff’s property;
2) Allowing their livestock to roam onto the Plaintiff’s property,
including cows, horses, dogs, and pigs;
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3) Firing any firearm in the direction of the Plaintiff’s home,
goats, or children;
4) Obstructing the county road that serves both residences with
branches, rocks, or other materials;
5) Threatening to run over any person or animal with a vehicle;
6) Taking any action, or making any utterance, intended to harass
or offend.
IT IS FURTHER ORDER[E]D, that the Plaintiff’s bond is set at
$100. Plaintiffs shall execute and file with the clerk a bond to the
adverse party, with two or more good and sufficient sureties, or cash,
to be approved by the clerk, in the sum fixed by the judge, conditioned
that the Plaintiff will abide the decision which may be made in this
cause, and that he will pay all sums of money and costs that may be
adjudged against him if the temporary injunction shall be dissolved in
whole or in part.
The appellants brought this interlocutory appeal. See TEX. CIV. PRAC. & REM. CODE
§ 51.014(a)(4).
Validity of the Temporary Injunction
In their first issue, the appellants contend that the temporary injunction is void
because it fails to comply with Texas Rule of Civil Procedure 683.
“A temporary injunction’s purpose is to preserve the status quo of the
litigation’s subject matter pending a trial on the merits.” Butnaru v. Ford Motor Co.,
84 S.W.3d 198, 204 (Tex. 2002). “A temporary injunction is an extraordinary
remedy and does not issue as a matter of right.” Id. To obtain a temporary injunction,
an applicant must plead and prove: (1) a cause of action against the opposing party;
(2) a probable right to the relief sought; and (3) a probable, imminent, and irreparable
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injury in the interim. Id. Whether to grant or deny a temporary injunction is within
the trial court’s sound discretion, and we review the trial court’s decision for an
abuse of discretion. Id.
Once the court decides to grant injunctive relief, the order itself must comply
with Rule 683. InterFirst Bank San Felipe, N.A. v. Paz Constr. Co., 715 S.W.2d 640,
641 (Tex. 1986). Rule 683 governs the form and scope of injunctions and temporary
restraining orders. See TEX. R. CIV. P. 683. Its requirements “are mandatory and must
be strictly followed.” InterFirst Bank, 715 S.W.2d at 641.
Pursuant to Rule 683, “[e]very order granting a temporary injunction shall
include an order setting the cause for trial on the merits with respect to the ultimate
relief sought.” TEX. R. CIV. P. 683; Conlin v. Haun, 419 S.W.3d 682, 685–86 (Tex.
App.—Houston [1st Dist.] 2013, no pet). An order that violates Rule 683 is void.
Conlin, 419 S.W.3d at 687.
Here, it is undisputed that the temporary injunction order does not set the case
for trial on the merits. The Zuritas contend that the inadvertent omission of a trial
date is an error that should be remanded to the trial court because it can easily be
clarified, added, or changed and would not likely be the cause of another
interlocutory appeal. But our precedent is clear. See Clark v. Hastings Equity
Partners, LLC, 651 S.W.3d 359, 373 (Tex. App.—Houston [1st Dist.] 2022, no pet.)
(holding order’s failure to comply with Rule 683 renders it void); Conlin, 419
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S.W.3d at 687 (dissolving temporary injunction when order did not set case for trial).
In Conlin, we rejected the argument that a non-compliant temporary injunction is
voidable, not void. See Conlin, 419 S.W.3d at 687 (discussing Qwest Commc’ns
Corp. v. AT & T Corp., 24 S.W.3d 334 (Tex. 2000)). Likewise, here, the non-
compliant temporary injunction cannot be remanded to add a trial date because it is
void. See id.
We sustain the appellants’ first issue. We hold that the temporary injunction
order’s failure to set the case for trial on the merits as required under Rule 683
renders the order fatally defective and thus void.2
Conclusion
We vacate trial court’s September 12, 2025 order granting the temporary
injunction.
Clint Morgan
Justice
Panel consists of Justices Caughey, Morgan and Dokupil.
2
Because of our disposition, it is not necessary to address the appellants’ remaining
issues. See TEX. R. APP. P. 47.1.
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