Isuani v. Manske-Sheffield Radiology Group, P.A., MANSKE-SHEFFIELD

CourtSupreme Court of Texas
Writing for the CourtPER CURIAM
Citation802 S.W.2d 235
Parties1991-1 Trade Cases P 69,307 Hugo E. ISUANI, M.D., Petitioner, v.RADIOLOGY GROUP, P.A., Respondent
Decision Date23 January 1991
Docket NumberNo. D-0508,MANSKE-SHEFFIELD

Page 235

802 S.W.2d 235
1991-1 Trade Cases P 69,307
Hugo E. ISUANI, M.D., Petitioner,
v.
MANSKE-SHEFFIELD RADIOLOGY GROUP, P.A., Respondent.
No. D-0508.
Jan. 23, 1991.

George Michael Jamail, Beaumont, for petitioner.

Bruce M. Partain, Beaumont, for respondent.

PER CURIAM.

This is an appeal from the granting of a temporary injunction. This court has jurisdiction pursuant to Tex.Gov't Code Ann. §§ 22.225(c), 22.001(a) (Vernon 1988). The issue here is whether the court of appeals erred when it modified and reformed the trial court's temporary injunction, affirming it as such, after final judgment had already been rendered by the trial court. Because the trial court's final judgment rendered the appeal of the temporary injunction moot, a majority of this court now reverses the court of appeals, dissolves all previous orders pertaining to the temporary injunction and orders the court of

Page 236

appeals to dismiss Dr. Isuani's appeal from the temporary injunction. The final judgment of the trial court is not affected and is presently pending in the Court of Appeals for the Ninth District.

Dr. Isuani (Isuani) was a member of the Manske-Sheffield Radiology Group, P.A. (Manske-Sheffield). This radiology group practices in Port Arthur, Texas. In 1982, and again in 1987, the group and its members, including Isuani, entered into employment contracts that contained noncompete clauses. These clauses provide that, upon termination of the employment contract by an employee, the employee will not engage in the practice of medicine within a geographical area comprising a fifteen mile radius surrounding St. Mary's Hospital in Port Arthur for a period of one year.

In January of 1990, Isuani told the group that he was leaving and intended on practicing at another hospital located within the fifteen mile radius. Manske-Sheffield then brought this action, seeking, inter alia, a temporary injunction enforcing the noncompete clause. On April 9, 1990, the trial court granted Manske-Sheffield's application for temporary injunction, enjoined Isuani from practicing medicine within the fifteen mile radius for the period of time from the date of the Temporary Injunction Order until the court signed its final order in this cause, and ordered the trial on the merits be set for June 4, 1990. Isuani appealed.

The court of appeals held that the trial court abused its discretion in granting the temporary injunction because it prevented Isuani from practicing his...

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77 practice notes
  • Roccaforte v. Jefferson County, No. 09–0326.
    • United States
    • Supreme Court of Texas
    • April 29, 2011
    ...of appeals turn on substance rather than procedural technicality”). FN9. See, e.g., Isuani v. Manske–Sheffield Radiology Grp., P.A., 802 S.W.2d 235, 236 (Tex.1991) (holding that final judgment mooted interlocutory appeal of order granting or denying temporary injunction); Providian Bancorp ......
  • Elec. Reliability Council of Tex., Inc. v. Panda Power Generation Infrastructure Fund, LLC (In re Panda Power Infrastructure Fund, LLC), No. 18-0781
    • United States
    • Supreme Court of Texas
    • March 19, 2021
    ...the court's action on the merits cannot affect the rights of the parties.").10 See also Isuani v. Manske-Sheffield Radiology Grp., P.A. , 802 S.W.2d 235, 236-37 (Tex. 1991).11 See also Roccaforte , 341 S.W.3d at 924 n.9 (citing additional cases in which "further proceedings mooted the [subs......
  • Cardinal Health Staffing Network v. Bowen, No. 01-02-00769-CV.
    • United States
    • Court of Appeals of Texas
    • April 3, 2003
    ...no writ); Isuani v. Manske-Sheffield Radiology Gr., PA., 798 S.W.2d 346, 350 (Tex.App.-Beaumont 1990), rev'd on grounds of mootness, 802 S.W.2d 235, 237 10. See Texas Farm Bureau Cotton Ass'n v. Stovall, 113 Tex. 273, 253 S.W. 1101, 1107-08 (1923) (considering Act of Mar. 1, 1921, 37th Leg.......
  • Ridgepoint Rentals, LLC v. McGrath, NO. 09-16-00393-CV
    • United States
    • Court of Appeals of Texas
    • December 7, 2017
    ...injunction order becomes moot. See Richards v. Mena, 820 S.W.2d 372 (Tex. 1991); Isuani v. Manske-Sheffield Radiology Grp., P.A., 802 S.W.2d 235, 236 (Tex. 1991). In this case, the temporary injunction and the summary judgment (which includes a permanent injunction) address the same parties......
  • Request a trial to view additional results
77 cases
  • Roccaforte v. Jefferson County, No. 09–0326.
    • United States
    • Supreme Court of Texas
    • April 29, 2011
    ...of appeals turn on substance rather than procedural technicality”). FN9. See, e.g., Isuani v. Manske–Sheffield Radiology Grp., P.A., 802 S.W.2d 235, 236 (Tex.1991) (holding that final judgment mooted interlocutory appeal of order granting or denying temporary injunction); Providian Bancorp ......
  • Elec. Reliability Council of Tex., Inc. v. Panda Power Generation Infrastructure Fund, LLC (In re Panda Power Infrastructure Fund, LLC), No. 18-0781
    • United States
    • Supreme Court of Texas
    • March 19, 2021
    ...the court's action on the merits cannot affect the rights of the parties.").10 See also Isuani v. Manske-Sheffield Radiology Grp., P.A. , 802 S.W.2d 235, 236-37 (Tex. 1991).11 See also Roccaforte , 341 S.W.3d at 924 n.9 (citing additional cases in which "further proceedings mooted the [subs......
  • Cardinal Health Staffing Network v. Bowen, No. 01-02-00769-CV.
    • United States
    • Court of Appeals of Texas
    • April 3, 2003
    ...no writ); Isuani v. Manske-Sheffield Radiology Gr., PA., 798 S.W.2d 346, 350 (Tex.App.-Beaumont 1990), rev'd on grounds of mootness, 802 S.W.2d 235, 237 10. See Texas Farm Bureau Cotton Ass'n v. Stovall, 113 Tex. 273, 253 S.W. 1101, 1107-08 (1923) (considering Act of Mar. 1, 1921, 37th Leg.......
  • Ridgepoint Rentals, LLC v. McGrath, NO. 09-16-00393-CV
    • United States
    • Court of Appeals of Texas
    • December 7, 2017
    ...injunction order becomes moot. See Richards v. Mena, 820 S.W.2d 372 (Tex. 1991); Isuani v. Manske-Sheffield Radiology Grp., P.A., 802 S.W.2d 235, 236 (Tex. 1991). In this case, the temporary injunction and the summary judgment (which includes a permanent injunction) address the same parties......
  • Request a trial to view additional results

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