WALLING v. METCALFE

No. D-3844.

863 S.W.2d 56 (1993)

William WALLING v. Frank METCALFE and Denim & Lace, Inc.

Supreme Court of Texas.

October 6, 1993.


Attorney(s) appearing for the Case

Eric G. Carter, Houston, for petitioner.

Syd Phillips, Houston, for respondents.


PER CURIAM.

This case presents two issues, one substantive the other procedural. First, must a party seeking a preliminary or temporary injunction plead a cause of action for equitable relief? Second, in an accelerated appeal under Tex.R.App.P. 42 in which the parties have filed briefs, may a court of appeals rule on an issue that no party has raised in any point of error? The answer to both questions is no. Accordingly, a majority of the court reverses the judgment...

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