Bachynsky v. State

HECHT, Justice.

Dr. Nicholas Bachynsky and the Physician’s Clinic of Dallas, Inc. (“the Clinic”) appeal from the district court’s assessment against each of them of the maximum $50,-000 civil penalty authorized by the Texas Deceptive Trade Practices — Consumer Protection Act1 for 106 separate violations of a permanent injunction issued under that Act. We hold that the district court’s findings of so many violations are based upon a misconstruction of the injunction. Viewing the record in light of a proper reading of the injunction, indulging every inference in favor of the State, we find…