Burgher v. Chrisman

GUITTARD, Chief Justice.

Russell Burgher has appealed from a permanent injunction restraining him from competing with his former employer, Big State Exterminating Company, until March 11,1982. The trial court has declined to fix the amount of the supersedeas bond required to suspend the judgment pending the appeal under rule 364(e) of the Texas Rules of Civil Procedure. Burgher now applies to this court for a writ of mandamus directing the judge to fix the amount of the bond. We grant the writ of mandamus.

The rule is well established that on appeal from an order granting a permanent…