Damari Duarte v. Amit Thandi, MD PA and Amrit Thandi, MD, Individually

Summary

The Texas First District Court of Appeals held that the trial court abused its discretion by refusing to dissolve the portion of a temporary injunction enforcing a three-year non-compete covenant after that covenant expired. The court reversed the orders denying dissolution and rendered judgment dissolving the injunction prohibiting Damari Duarte from working as a nurse practitioner within 20 miles of the former practice location. The court left other portions of the temporary injunction undisturbed.

Holdings

1. The trial court abused its discretion by denying Duarte's motions to dissolve the portion of the temporary injunction prohibiting competition after the covenant's three-year period expired.
2. The non-compete covenant's three-year period began on the date Duarte's employment terminated, not on a later date tied to transfer of patient lists.
3. A temporary injunction may not extend a non-compete restriction beyond the scope and duration of the parties' covenant absent findings that justify tolling or extension.

Questions Presented

1. Whether the trial court abused its discretion by denying Duarte's motions to dissolve the portion of the temporary injunction prohibiting her from working as a nurse practitioner within twenty miles of the Beechnut Practice after the non-compete covenant's three-year period expired.
2. Whether the expiration of the non-compete covenant constituted a changed circumstance requiring dissolution of the competition restriction.
3. Whether the temporary injunction could extend the non-compete restriction beyond the scope and duration of the parties' covenant without findings justifying tolling or extension.

Disposition

reversed