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Primary Health Physicians, P.A. v. Wallace Sarver, D.O., 12/6/12
April 20, 2017

Appellant, a physicians’ group, appealed the order of the 192nd Judicial District Court, Dallas County, Texas, denying a temporary injunction against appellee doctor based on a covenant not to compete in the parties’ employment agreement. In an action to enforce a covenant not to compete, the trial court properly denied appellant a temporary injunction to prevent appellee from working for another clinic because appellant failed to show irreparable injury. The Texas Covenants Not to Compete Act, Tex. Bus. & Com. Code Ann. ? 15.50 et seq. (2011), did not preempt the requirements for obtaining temporary injunctive relief. There was no evidence that any patients stopped going to appellant’s clinic to see appellee instead at his new clinic. There was conflicting evidence as to whether the new clinic actually competed with appellant’s clinic, which was a non-appointment-based facility; whereas, the new clinic was a traditional family practice seeing patients by appointments only. No evidence showed that appellee was soliciting his old patients or that appellant’s clinic would lose valuable goodwill. The order was affirmed.