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Nicholas Kreines, David P. Ryan, Liberty Mineral Partners LLC, Nak Resources INC., and CGR Oil and Gas, LLC v. ES3 Minerals, LLC
Analysis
Business Court Modification of Temporary Injunction Fails Rule 684 Bond Requirement in Non-Compete Dispute
The Fifteenth Court of Appeals reversed in part a Business Court order modifying a temporary injunction against former ES3 Minerals employees and their competing venture, holding that the injunction bond failed to adequately protect appellants' interests under Rule 684 and that the order lacked adequate specificity regarding enjoined subsidiaries. The court also held that challenges to portions of the injunction imposed by the original district court—but not reviewed or reimposed by the Business Court—were not properly before it on appeal.
Chief Justice Brister Dissents on Transferred-Case Review Standards and Plenary Power in Business Court Appeal
In a dissenting memorandum opinion from the Fifteenth Court of Appeals reviewing a temporary injunction bond dispute transferred from district court to the Business Court, Chief Justice Brister argued that appellate review cannot be split between pre-transfer and post-transfer rulings and that the Business Court need not formally adopt previous orders to exercise plenary power over them. Brister would have declined to remand for further proceedings given an imminent trial date of December 8, 2025, arguing the case should simply proceed to trial.