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Batey v. Drever Assocs Professional Personnel

Supreme Court of Texas
Jan 17, 1979
576 S.W.2d 35 (Tex. 1979)

Opinion

No. B-8032.

December 20, 1978. Rehearing Denied January 17, 1979.

Appeal from the District Court, Harris County, Wyatt H. Heard, J.

Roger H. Broach, Woodlands, for petitioner.

Grubb Morris, John K. Grubb, Houston, for respondent.

ON APPLICATION FOR WRIT OF ERROR


Drever Associates Professional Personnel Service sought a temporary injunction forbidding Don Michael Batey from competing which was alleged to be a breach of his employment contract. The trial court denied the injunction, but the court of civil appeals reversed that judgment and remanded the cause with an instruction that the trial court issue an order temporarily enjoining Batey. 572 S.W.2d 30.

We agree with the decision of the court of civil appeals in its order that the trial court issue its temporary injunction. That part of the decision, however, which orders that the temporary injunction operate for a period of one year from the date Mr. Batey left his employment with Drever Associates has the force of a permanent injunction and is in conflict with this court's opinion in Texas Foundries, Inc. v. International Moulders Foundry Workers' Union, 151 Tex. 239, 248 S.W.2d 460 (1952).

Pursuant to Rule 483, Texas Rules of Civil Procedure, the application for writ of error is granted, and without hearing argument, the judgment of the court of civil appeals is reformed so that the trial court is ordered to grant its temporary injunction to be operative until the cause is finally heard on the merits or until further orders of the trial court. As reformed, the judgment of the court of civil appeals is affirmed.


Summaries of

Batey v. Drever Assocs Professional Personnel

Supreme Court of Texas
Jan 17, 1979
576 S.W.2d 35 (Tex. 1979)
Case details for

Batey v. Drever Assocs Professional Personnel

Case Details

Full title:Don Michael BATEY, Petitioner, v. DREVER ASSOCIATES PROFESSIONAL PERSONNEL…

Court:Supreme Court of Texas

Date published: Jan 17, 1979

Citations

576 S.W.2d 35 (Tex. 1979)

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