Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
TEXAS WRECKER SERVICE, RALPH RIVERA, AND NORMA RIVERA, Appellants,
D. R. RESENDEZ AND R. SCHALMAN D/B/A APOLLO TOWING/EASY RIDER WRECKER SERVICE, Appellees. IN RE NORMA RIVERA, RALPH RIVERA, AND TEXAS WRECKER SERVICE
appeal from the County Court at Law No. 4 of Nueces County,
Petition for Writ of Mandamus.
Chief Justice Valdez and Justices Contreras and Longoria
ROGELIO VALDEZ Chief Justice
cause number 13-16-00515-CV, Norma Rivera, Ralph Rivera, and
Texas Wrecker Service have appealed a temporary injunction
rendered against them in favor of plaintiffs below, D. R.
Resendez and R. Schalman d/b/a Apollo Towing/Easy Rider
Wrecker Service. In cause number 13-16-00698-CV, these
defendants have filed a petition for writ of mandamus
contending that the trial court erred in refusing to dismiss
the underlying case for want of prosecution. Because the
matters in the appeal and original proceeding are related, we
issue this single opinion in both causes in the interest of
judicial efficiency. As stated herein, we reverse and remand
in the appeal and we conditionally grant the petition for
writ of mandamus.
August 31, 2007, D. R. Resendez and R. Schalman d/b/a Apollo
Towing/Easy Rider Wrecker Service brought suit against Norma
Rivera, Ralph Rivera, and Texas Wrecker Service. Both
plaintiffs and defendants own towing businesses; the
plaintiffs alleged that the defendants filed false claims
against them with the City of Corpus Christi, disparaged
their businesses, and harassed their employees. On October
16, 2007, the trial court held a hearing and entered a
"Preliminary Injunction Order" which states as
On this the 16th day of October, 2007 Petitioner made
application before the court for its issuance of a
preliminary injunction order.
The Court, having examined the pleadings of Petitioner and
affidavit, finds that Petitioners and Respondent have agreed
that certain actions should be prohibited until final ruling
in this case.
It is therefore ordered that the . . . Petitioner and
Respondents and their agents and employees are hereby
immediately restrained as follows:
1) Petitioner and Respondent shall not make disparaging
comments about each other or respective business practices to
any customer. Neither party shall file complaints about the
other, its agents or employees with any customer or other
entity during the period of this order.
2) Upon request of Rod Robertson Enterprises (RRE),
Respondent agrees to complete the towing services requested
or required by Rod Robertson Enterprises, including
delivering property currently held by Respondent to
Petitioner when and where directed by RRE. Both parties agree
not to hinder or harass the other in the performance of their
duties to RRE.
3) Petitioner and Respondent, their employees or agents shall
not follow or hinder or harass their employees or agents
during the performance of their duties, except to have
contact as required under any contract involving both
4) Petitioner and Respondent, their agents and employees
shall not conduct surveillance on, photograph or harass or
follow each other and their agents and employees to their
homes or place of business.
5) Petitioner and Respondent agree to keep the existence of
this cause of action confidential and shall not, from the
date of this order, inform any customers or potential
customers about this litigation, except as required by law.
6) As damages are difficult to estimate for violations of
this order, any party proving a violation before this court
shall be entitled to $1000.00 per violation and reasonable
and necessary attorneys' fees as shown by affidavit. The
parties agree to first voluntarily mediate any dispute which
may arise in the interpretation or enforcement of this order.
The parties further agree to share equally in the costs of
any and all mediations.
further ordered that:
This injunction order is effective immediately and shall
continue in force and effect until further order of this
Court or until it expires by operation of law or trial on the
merits. This order shall be binding on Petitioner and on
Respondents and on their agents, servants, and employees; and
on those persons in active concert or participation with them
who receive actual notice of this order by personal service
is [hereby] set in the amount of $100.00.
order was signed by the judge of the trial court, but ...