Court of Appeals of Texas, Fifth District, Dallas
Appeal from the 191st Judicial District Court Dallas County,
Texas Trial Court Cause No. DC-16-04199-J.
Justices Myers, Evans, and Richter 
Medical Management Service, LLC appeals the trial court's
denial of BM's application for a temporary injunction
against Michael Turner. In one issue on appeal, BM Medical
contends the trial court erred by denying the temporary
injunction because BM Medical proved it had a cause of action
against Turner, a probable right to the relief sought, and a
probable, imminent, and irreparable injury. We affirm the
trial court's order denying the temporary injunction.
Medical provides diagnostic laboratory testing for
physicians. On October 1, 2014, BM Medical hired Turner as a
business development manager for the company. Turner's
job was to sell the company's testing services to
physicians. Turner signed an employment agreement containing
a noncompetition provision and provisions for protection of
BM Medical's confidential information. The noncompetition
provision prohibited Turner for one year following his
termination from being employed by a competing business,
soliciting BM Medical's clients with whom he worked or
had contact as an employee, and from recruiting or hiring BM
Medical's employees during that period. The agreement
also prohibited Turner from disclosing BM Medical's
confidential information and required him to deliver to BM
Medical at the termination of his employment all papers or
data relevant to BM Medical's confidential information.
being hired by BM Medical, Turner's previous professional
business had been in the oil and gas industry. In that
business, he often worked with physicians who were investors
in the oil and gas projects. Turner had been friends with
Parham Berari, a medical distributor, for about a year before
he went to work for BM Medical.
Turner started working for BM Medical, he was given a user
name and password to access the company's online portal.
Turner used the online portal for his own client list and to
submit his commission numbers. BM Medical's witnesses
testified that the portal also contained the company's
complete customer list (more than 1600 customers), physician
information including the types and frequency of tests
ordered by each doctor, and patients' test results. The
portal also contained the customer contracts and the pricing
information for the company's services. The company's
witnesses testified that Turner's access to the portal
gave him access to this confidential information. Turner
testified that he was not given any training on how to use
the portal. Turner testified he did not have access to the
client list or to the database about the clients and that
none of the information he saw on the portal provided him any
advantage in selling the company's products. Turner
stated he was "not a very tech savvy guy" and was
hardly ever on the portal. 
evening in February 2016, the CEO called Turner at his home
and told him he was terminated. Turner's termination
became effective March 17, 2016. Turner had the company's
laptop computer with him, and he did not immediately return
it. Turner went to work for a competing laboratory testing
company, Gulfstream, in early March, 2016.
Medical filed suit against Turner on April 1, 2016 for breach
of contract, tortious interference with contracts and
prospective business relations, unfair competition through
misappropriation, and unjust enrichment. BM Medical also
applied for an injunction prohibiting Turner from disclosing
or using BM Medical's confidential information, retaining
BM Medical's materials, soliciting BM Medical's
clients, recruiting, hiring, or communicating with BM
Medical's employees, destroying any documents or data
relevant to this case, defaming BM Medical or its employees,
or violating the nondisclosure and noncompetition provisions
of Turner's employment agreement with BM Medical.
April 14, 2016, the trial court entered a temporary
restraining order against Turner that prohibited Turner from
disclosing or using BM Medical's confidential
information, soliciting its clients, and recruiting its
employees. The order also prohibited Turner from retaining
any property or materials of BM Medical.
April 29, 2016, Turner took the laptop computer issued to him
by BM Medical to the Apple Store to get his personal
photographs removed from the computer. The store's
employee downloaded the pictures from the computer onto a
flash drive for Turner. Turner then returned the computer to
BM Medical. Turner testified that the only times he had used
the computer since his termination were when he accessed his
girlfriend's résumé and his employment
agreement and when he took the computer to the Apple Store.
He testified that the flash drive contained no information
from the computer other than his personal photographs. He
also testified that he had no documents or electronic files
related to BM Medical's business. After he returned the
computer, BM Medical had the computer forensically examined.
Both sides referred to a forensic examiner's report
regarding the computer, but the report is not in the record
and neither side used it at the hearing.
16, 2016, the trial court held a hearing on BM Medical's
application for a temporary injunction. Turner and two
witnesses for BM Medical testified at the hearing. At the
conclusion of the hearing, the trial court denied the
application for temporary injunction.