Hill v. Mobile Auto Trim, Inc.

The opinion dated January 28, 1987 is withdrawn and the following is substituted.

For reasons not pled, argued or briefed, the court ignores well established Texas, precedent and announces a new rule that puts into question the validity of covenants not to compete in franchise agreements. I would modify the judgment of the court of appeals and as modified, affirm that judgment.

This is an appeal from the granting of a temporary injunction. The only substantive issue on appeal is whether the trial court abused its discretion in granting the temporary injunction. By making a premature ruling on…