Perez v. Texas Disposal Systems, Inc.

SUPPLEMENTAL OPINION ON REMAND

Opinion by:

SANDEE BRYAN MARION, Justice.

On original submission, a panel of this court considered whether an employer who seeks to enforce a covenant not to compete may be awarded attorney’s fees under Texas Business Code section 15.51 (the Covenant Not to Compete Act, the “Act”) or under Texas Civil Practice and Remedies Code section 38.001(8) 1 when the trial court reforms the covenant and the employer prevails but does not recover damages. The panel reversed the attorney’s fee award, holding that Texas Disposal Systems, Inc. (“TDS”) was not entitled to…