Texas State Optical, Inc. v. Wiggins

OPINION

MIRABAL, Justice.

Appellant, Texas State Optical, Inc. (TSO), appeals from a temporary injunction enjoining TSO from purchasing Kernek Optical, Inc. and Huntsville Eye Associates, Inc., and also appeals from a denial of its motion to dissolve the temporary injunction.1 See Tex. Civ.Prac. & Rem.Code Ann. § 51.014(4) (Vernon Supp.1994). We order the temporary injunction dissolved and remand the cause.

The following facts are uncontroverted. In 1978, Dr. D.P. Kernek entered into an Associate Agreement with TSO. Under the Associate Agreement, Dr. Kernek purchased a retail store for the sale…