Enterprising Gals of Texas, L.L.C. D/B/A Wheel Repair Solutions v. Angelica Sprehe, Ryan Sprehe, and ARS Wheel Repair, Inc.
02-17-00063-CV
| Tex. App. | Dec 20, 2017Background
- Enterprising filed suit in 2014 against Angelica Sprehe, Ryan Sprehe, and ARS Wheel Repair over alleged misappropriation and trade secrets related to a competing wheel repair business.
- Enterprising asserted TTLA claim seeking enhanced remedies and attorneys’ fees; trade secret claims were limited to customer identifiers, pricing, and rebates.
- Trial court ordered production of files and inspection of devices; Protegga LLC analyzed electronic devices but final reports were delayed due to nonpayment and discovery gaps.
- Enterprising served written discovery late; multiple motions to compel were filed after extended delays, and discovery disputes persisted for years.
- Sprehes moved for summary judgment; after three prior continuances, the trial court denied Enterprising’s fourth continuance and granted summary judgment on all claims except attorneys’ fees, and later awarded the Sprehes substantial TTLA-related fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the fourth continuance was properly denied | Enterprising argues trial court abused discretion due to ongoing discovery needs. | Sprehes argue lack of verified motion and diligence; case had long been on file with insufficient materiality of sought discovery. | No abuse; continuance denied and summary judgment granted |
| Whether the TTLA fee award was proper and properly segregated | Enterprising challenges the segregation of TTLA-related fees from non-recoverable claims. | Sprehes rely on statutory mandate and the Gullo/Moak framework for partial segregation; expert showed 80% tied to TTLA defense. | Fees properly awarded and properly segregated |
Key Cases Cited
- Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238 (Tex. 1985) (abuse of discretion standard for continuances)
- Tenneco Inc. v. Enter. Prods. Co., 925 S.W.2d 640 (Tex. 1996) (necessity of affidavit for continuance)
- D.R. Horton-Texas, Ltd. v. Savannah Properties Assocs., L.P., 416 S.W.3d 217 (Tex. App.—Fort Worth 2013) (discovery deadlines and continuance considerations)
- Stierwalt v. FFE Transportation Servs., Inc., 499 S.W.3d 181 (Tex. App.—El Paso 2016) (continuance denial review framework)
- Tony Gullo Motors I, L.P. v. Chapa, 212 S.W.3d 299 (Tex. 2006) (fee segregation and recoverable vs unrecoverable claims)