This is a cross-post from 600Hemphill, which follows commercial litigation in the Texas Supreme Court.

A high-profile 2020 dispute about the enforcement of a COVID-related TRO against a Dallas-area hairdresser was resolved in In re Luther by finding the TRO void. It said:

The Texas Supreme Court found that this order did not satisfy Tex. R. Civ. P. 683, as “it nowhere specifies any particular state, county, or city regulation that Luther has violated, is threatening to violate, or is being commanded to stop violating. Nor does it describe with specificity which ‘in-person services’ were restrained, such that performing them would cause Luther to violate the temporary restraining order.” No. 20-0363 (April 9, 2021). (NOTE–While the case was never before the Fifth Court, the supreme court opinion notes: “In light of the considerable uncertainty surrounding the multiplicity of orders and regulations issued by public officials throughout the State in the early months of the COVID-19 pandemic, we conclude there was a compelling reason for Luther to file her petition in this Court without first filing in the court of appeals.”)

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