390 S.W.3d 662
Tex. App.2012Background
- PHP sued to enforce a covenant not to compete against Sarver after he left its CareNow in Frisco.
- Sarver was hired by PHP as a doctor at CareNow Frisco and signed a ten-mile noncompete and two-year post-employment restriction.
- Sarver began working for FamilyWise in Allen, Texas on January 9, 2012, after termination of his PHP employment.
- PHP sought a temporary injunction (PI-IP) to enforce the noncompete and prevent irreparable harm during the pendency of the case.
- The trial court denied the temporary injunction; the appellate court reviewed for abuse of discretion in denying injunctive relief.
- The court ultimately affirmed the trial court’s denial of the temporary injunction and held PHP failed to prove irreparable injury to obtain it.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether PHP proved irreparable injury for a temporary injunction | PHP argues irreparable harm from loss of patient goodwill | Sarver/ Sarver contends no irreparable harm shown and noncompete enforceable only as a remedy | Irreparable injury not proven; denial affirmed |
| Whether the trial court abused its discretion in denying the PI | PHP contends the court should have enjoined based on covenants | Sarver argues no abuse given the evidence | No abuse; order denying PI affirmed |
Key Cases Cited
- McNeilus Cos., Inc. v. Sums., 971 S.W.2d 507 (Tex. App.—Dallas 1997, no pet.) (temporary injunction standards; discretionary rulings reviewable for abuse)
- Huh, Rogal & Hamilton Co. of Tex. v. Wurzman, 861 S.W.2d 30 (Tex. App.—Dallas 1993, no writ) (irreparable harm and injunctive relief standards)
- Recon Exploration, Inc. v. Hodges, 798 S.W.2d 848 (Tex. App.—Dallas 1990, no writ) (guidance on remedies and injunction standards)
- Butnar u v. Ford Motor Co., 84 S.W.3d 198 (Tex. 2002) (approval/limits of temporary injunction standards in covenants not to compete)
- E1ISLA n a lytical, Inc. v. Younker, 154 S.W.3d 693 (Tex. App.—Houston [14th Dist.] 2004, no pet.) (irreparable harm considerations in preliminary injunctions)
- Cardinal Health Staging Network, Inc. v. Bowen, 106 S.W.3d 230 (Tex. App.—Houston [1st Dist.] 2003, no pet.) (scope of covenants not to compete and injunction standards)
- N M T C Corp. v. Conarro e, 99 S.W.3d 865 (Tex. App.—Beaumont 2003, no pet.) (appellate review of injunctive relief in noncompete context)