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CANNAN v. GREEN OAKS APTS., LTD.

No. C-7573.

758 S.W.2d 753 (1988)

Morris CANNAN, Petitioner, v. GREEN OAKS APTS., LTD. a/k/a Green Oaks Apts., Ltd., et al., Respondents.

Supreme Court of Texas.

October 5, 1988.

Attorney(s) appearing for the Case

Frederick R. Zlotucha, and Bert G. Miller, Law Offices of Frederick R. Zlotucha, Mayo J. Galindo, San Antonio, for petitioner.

Eugene Z. DuBose, Law Offices of Eugene Zemp DuBose, Dallas, for respondents.

PER CURIAM.

At issue in this case is whether a property owner can recover damages based solely upon a violation of a Temporary Restraining Order (TRO) by the lienholder, without alleging an independent cause of action. The trial court dismissed the action for damages. The court of appeals reversed the judgment of the trial court and remanded the cause for trial. 749 S.W.2d 128. This court has earlier held that in a contempt proceeding...

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