CROSSOVER: Contractual Waivers Won’t Save Your Injunction: Dallas Court Holds Rule 684 Bond Requirement Mandatory Regardless of Party Agreement
Memorandum Opinion by Justice Breedlove, 05-25-00674-CV, January 30, 2026.
On appeal from the 191st Judicial District Court Dallas County, Texas.
Synopsis
The Dallas Court of Appeals reaffirmed that the bond requirement under Texas Rule of Civil Procedure 684 is a mandatory prerequisite for the issuance of a temporary injunction. The court held that parties cannot contractually waive this requirement, and any injunction issued without a bond is void ab initio.
Relevance to Family Law
In family law litigation, temporary injunctions are frequently utilized to freeze marital assets, prevent the waste of community property, or restrict a parent’s conduct during a pending custody dispute. Practitioners often include “no bond” provisions in Mediated Settlement Agreements (MSAs) or premarital agreements, assuming these contractual waivers streamline the injunctive process. This ruling serves as a stark warning: if a trial court issues a temporary injunction—even by agreement or pursuant to a contract—without fixing a bond amount, the order is a nullity. This provides a potent weapon for a party seeking to dissolve an injunction that lacks the procedural rigor required by the Rules of Civil Procedure.
Case Summary
Fact Summary
The dispute originated from an employment relationship between 4Web Inc., an orthopedic device manufacturer, and its former Vice President of Sales, Geoff Bigos. As a condition of his employment, Bigos signed a Confidentiality, Proprietary Information, and Inventions Agreement that included non-competition and non-solicitation covenants. Critically, the agreement contained a specific provision stating that 4Web could seek injunctive relief to enforce the contract “without bond.”
After 4Web terminated Bigos, it alleged he breached the agreement by founding a competing entity, Dimension Spine, and soliciting 4Web’s customers and employees. 4Web filed suit and sought a temporary injunction. Following a hearing, the trial court granted the temporary injunction. However, the trial court’s order did not require 4Web to post a bond, seemingly relying on the contractual waiver in the underlying agreement. Bigos and Dimension Spine filed an accelerated appeal, challenging the injunction on several grounds, most notably the failure to set a bond as required by Rule 684.
Issues Decided
The primary issue before the Dallas Court of Appeals was whether the mandatory bond requirement of Texas Rule of Civil Procedure 684 can be waived by a contractual agreement between the parties. The court also addressed whether the failure to set a bond renders the resulting temporary injunction void.
Rules Applied
The court relied on Texas Rule of Civil Procedure 684, which dictates that in the order granting a temporary injunction, the court “shall fix the amount of security to be given by the applicant.” The court also cited Qwest Commc’ns Corp v. AT&T Corp., 24 S.W.3d 334 (Tex. 2000), for the proposition that these procedural requirements are mandatory and non-discretionary. Furthermore, the court applied its own recent precedent from Expo Group, LLC v. Purdy (2025), which established that the mandatory requirements of Rules 683 and 684 cannot be waived by consent, agreement, or any other action of the parties or the trial court.
Application
The court’s analysis centered on the non-negotiable nature of the Texas Rules of Civil Procedure. While the appellee, 4Web, argued that the parties’ private contract should control the trial court’s discretion, the Court of Appeals disagreed. The court scrutinized the appellee’s reliance on Forbes v. Caldwell, noting that the Forbes court never actually held that such waivers were valid; rather, it simply found no waiver existed in that specific case.
The court then turned to its own jurisprudence, specifically the Purdy decision. It clarified that Rule 684 does not exist merely to protect the parties, but to maintain the integrity of the judicial process and provide a specific remedy for a party wrongfully enjoined. Because the rules are mandatory, a trial court lacks the authority to bypass them, regardless of what the parties may have drafted in their private agreements. The court reasoned that since the bond is a jurisdictional prerequisite to the validity of the injunction, the absence of a bond amount in the order itself is a fatal defect that cannot be cured by a “no bond” clause in an employment contract.
Holding
The Court of Appeals held that the trial court abused its discretion by failing to set a bond in the temporary injunction order. The court emphasized that the requirements of Rule 684 are mandatory and cannot be waived by contractual agreement.
Consequently, the court held that the temporary injunction was void ab initio. Because a void order has no legal effect from its inception, the court reversed the trial court’s order and dissolved the injunction without needing to address the appellants’ remaining issues regarding vagueness or breadth.
Practical Application
For the family law practitioner, this case highlights a significant trap in agreed orders and MSAs. Even if your opposing counsel agrees to a “no bond” injunction to preserve the community estate, you must insist that the trial court fix a bond amount—even if it is a nominal sum—to ensure the order is enforceable and not subject to being declared void on appeal. Reliance on a “no bond” provision in a prenuptial agreement during a divorce proceeding will likely result in a void injunction if the trial court fails to perform its mandatory duty under Rule 684.
Checklists
Ensuring Injunction Validity
- Verify Rule 684 Compliance: Always ensure the draft order contains a specific dollar amount for the bond.
- Nominal Bonds: If the parties agree that security is unnecessary, request the court set a “nominal” bond (e.g., $100) rather than “no bond.”
- Drafting the Order: Ensure the order contains the specific reasons for the injunction, the date for trial, and the bond amount, as these are all mandatory under Rules 683 and 684.
- Post-Issuance Audit: Immediately upon the signing of an injunction, verify that the bond has been filed with the clerk to trigger the injunction’s effectiveness.
Attacking a Defective Injunction
- Check the Order Face: Review the temporary injunction for the absence of a bond amount.
- Ignore Waiver Clauses: If the opposing party points to a “no bond” clause in a contract or MSA, cite Bigos v. 4Web Inc. to argue the clause is legally irrelevant.
- Accelerated Appeal: File a notice of accelerated appeal immediately, as a void injunction is subject to challenge without showing other abuses of discretion.
- Mandamus Relief: Consider a petition for writ of mandamus if the trial court refuses to dissolve a void injunction for lack of a bond.
Citation
Geoff Bigos and Dimension Spine v. 4Web Inc., No. 05-25-00674-CV (Tex. App.—Dallas Jan. 30, 2026, no pet. h.) (mem. op.).
Full Opinion
Family Law Crossover
This ruling can be effectively weaponized in divorce litigation involving high-net-worth estates. It is common for parties to enter into “Agreed Temporary Injunctions” to prevent the transfer of assets or to maintain “status quo” in business entities owned by the community. Often, to save costs or out of a sense of cooperation, the parties will stipulate to “no bond.” Under Bigos, that stipulation is a procedural landmine. If the relationship between the parties sours further, the enjoined party can use the lack of a bond to have the injunction declared void, potentially allowing them to move assets or take actions that the injunction was intended to prohibit, all while the other party is lulled into a false sense of security by a void order. Always set a bond, no matter the agreement.
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