Calvillo v. Gonzalez, 95-1149
| Decision Date | 10 May 1996 |
| Docket Number | No. 95-1149,95-1149 |
| Parties | 39 Tex. Sup. Ct. J. 639 Octavio CALVILLO, M.D., Petitioner v. Alfonso GONZALEZ, M.D., Respondent. |
| Court | Texas Supreme Court |
ON APPLICATION FOR WRIT OF ERROR TO THE COURT OF APPEALS FOR
In this case, the court of appeals held that one party's exclusive contract does not justify interference with another party's prospective business relations as a matter of law. See 905 S.W.2d 416, 421-22. We disagree, and therefore we reverse the judgment of the court of appeals.
Alfonso Gonzalez and Octavio Calvillo are both anesthesiologists with staff privileges at San Jacinto Methodist Hospital. Both provided anesthesiology to patients when requested. In 1989, the hospital contracted with Calvillo to serve as chief of anesthesiology for two years, giving him exclusive authority to operate and staff the anesthesia department. The contract stated, "The Hospital agrees that the professional services to be provided under this Agreement may be performed by such Anesthesiologists ... as [Calvillo] from time to time may furnish...." When relations between the two doctors became adversarial, Calvillo warned Gonzalez that he would refuse to schedule Gonzalez for any further anesthesiology work if the hospital renewed Calvillo's contract in 1991. In response, Gonzalez procured numerous letters of support from surgeons at the hospital requesting the continued assignment of Gonzalez to their cases.
In 1991, the hospital renewed Calvillo's contract. The renewed contract, essentially the same as the 1989 contract, stated, "The Hospital agrees that the professional services to be provided under this Agreement may be performed by such Anesthesiologists ... as [Calvillo] from time to time may furnish in [Calvillo's] sole discretion...." (emphasis added). Calvillo then refused to schedule Gonzalez for anesthesiology work. Gonzalez, however, retained full staff privileges at the hospital and provided anesthesiology services at the hospital's eye clinic, which was not subject to the terms of Calvillo's exclusive contract.
Gonzalez then sued Calvillo and the hospital, alleging breach of contract, tortious interference with contract, tortious interference with business relations, civil conspiracy, and illegal restraint of trade. The trial court granted summary judgment in favor of Calvillo and the hospital on all claims. 1 The court of appeals affirmed the trial court's judgment in most respects but reversed summary judgment on the claim that Calvillo tortiously interfered with Gonzalez's business relations. See id. at 423.
In order to prevail on a motion for summary judgment, the movant must show that there is...
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...Gonzalez v. San Jacinto Methodist Hosp., 905 S.W.2d 416, 421 (Tex.App.--El Paso 1995), rev'd on other grounds sub nom., Calvillo v. Gonzalez, 922 S.W.2d 928 (Tex.1996). It is not necessary to prove that the contract would have certainly been made but for the interference; it must be reasona......
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...issue of material fact exists and that the movant is entitled to judgment as a matter of law. Tex.R. Civ. P. 166a(c); Calvillo v. Gonzalez, 922 S.W.2d 928, 929 (Tex.1996). The statute of limitations is an affirmative defense, and a defendant is entitled to summary judgment upon presentation......
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...was affirmed.46 Our next case involving allegations of tortious interference with business relations came ninety-two years later. In Calvillo v. Gonzalez,47 the plaintiff, an anesthesiologist, complained that the defendant, another anesthesiologist who had contracted with a hospital to furn......
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