Shamoun & Norman, LLP v. Yarto International Group, LP
2012 Tex. App. LEXIS 4384
| Tex. App. | 2012Background
- Shamoun & Norman, LLP sued Yarto and YIG in Hidalgo County asserting claims including professional negligence and breach of fiduciary duty.
- Shamoun sought to transfer venue to Travis or Dallas Counties and opposed an anti-suit injunction brought by YIG in Hidalgo County.
- YIG intervened and sought an anti-suit injunction to bar Shamoun from filing in other venues.
- A December 9, 2010 global settlement included venue provisions favoring Travis County and a Shamoun-related release, with Shamoun not being a signatory to the settlement.
- Shamoun moved for transfer after settlement discussions; YIG sought to enforce the injunction and preserve Hidalgo County as proper venue for its claims.
- The court granted a temporary anti-suit injunction which Shamoun challenged on appeal; Shamoun also appealed the venue denial and sought mandamus relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Anti-suit injunction viability | YIG failed to prove probable right/injury with competent evidence | Injunction justified to protect venue/jurisdiction | Injunction reversed; no competent evidence supported relief |
| Venue independence under 15.003(a) | Yarto/YIG independently established Hidalgo venue; Shamoun failed to show otherwise | Venue established by petition and affidavits; Hidalgo proper for Yarto and YIG | Hidalgo venue upheld for Yarto and YIG; denial of transfer affirmed |
| Writ of mandamus under major-transaction rule (15.020) | Settlement constituted a major transaction triggering mandatory transfer | YIG/Yarto actions not arising from the major transaction; §15.020 inapplicable | Mandamus relief denied; §15.020 not applicable to either suit |
Key Cases Cited
- Butnaru v. Ford Motor Co., 84 S.W.3d 198 (Tex. 2002) (standards for granting temporary injunctions; burden of proof)
- Millwrights Local Union No. 2484 v. Rust Eng’g Co., 433 S.W.2d 683 (Tex. 1968) (necessity of competent evidence for temporary injunctions)
- Gonzalez v. Reliant Energy, Inc., 159 S.W.3d 615 (Tex. 2005) (anti-suit injunction standards; explicit requirements for equity)