Guidry v. Wells Fargo N.A.

Filing 15

ORDER granting 8 Defendant's Motion to Dissolve Temporary Restraining Order. (Signed by Judge Sim Lake) Parties notified.(gclair, 4)

United States District Court
Southern District of Texas

ENTERED
September 19, 2016

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

CHEJUANA GUIDRY and WARWICK
GUIDRY, Individuals,

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Plaintiffs,
v.

WELLS FARGO BANK, N.A.,
Defendant.

David J. Bradley, Clerk

CIVIL ACTION NO. H-16-2618

ORDER

Pending before the court is Defendant's Motion to Dissolve
Temporary

Restraining

Order

and

Memorandum

of

Law

in

Support

(Docket Entry No. 8), to which plaintiffs have filed their Response
to

Defendant's

Motion

(Docket Entry No. 13).

to

Dissolve

Temporary Restraining

Order

Having carefully considered the parties'

arguments and authorities the court concludes that the Temporary
Restraining Order Preventing Acts of Interference With Plaintiff's
Possession of Real Property Pending Litigation of Title Issues
entered

on

August

30,

2016

(Docket

Entry

No.

3),

should

be

dissolved because the court lacked jurisdiction under the AntiInjunction Act,

28

U.S.C.

§

2283,

to enjoin Wells

Fargo

from

enforcing the Final Judgment of Harris County Civil Court at Law
No. Two awarding possession of the property in question to Wells
Fargo.

See Knoles v. Wells Fargo Bank, N.A., 513 F. App'x 414 (5th

Cir. 2013).

Accordingly,
Restraining

Order

Defendant's
(Docket

Motion

Entry

No.

to
8)

Dissolve
is

GRANTED,

Temporary
and

the

Temporary Restraining Order Preventing Acts of Interference With
Plaintiff's Possession of Real Property Pending Litigation of Title
Issues (Docket Entry No. 3) is hereby DISSOLVED.
SIGNED at Houston, Texas, on this 19th day of September, 2016.

UNITED STATES DISTRICT JUDGE

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