Temporary Injunction Reversed in Interlocutory Appeal

Brett Kutnick successfully represented Alliance Royalties, LLC and Alliance Royalties, Inc., in an interlocutory appeal challenging a temporary injunction that enjoined them from terminating a Management Agreement with Compass Royalty Management, LLC.  After Brett Kutnick presented oral argument, the Court of Appeals for the Fifth District of Texas in Dallas held that the trial court abused its discretion in granting the injunction because the injunction effectively rewrote a contract that was terminable at will and imposed a contractual relationship upon the parties that was contrary to the specific contractual provisions regarding termination.  The court therefore reversed the trial court’s injunction order and remanded the case to the trial court for further proceedings.  Alliance Royalties, LLC v. Boothe, 313 S.W.3d 493 (Tex. App.–Dallas 2010, no pet.).