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ALEX SHESHUNOFF MANAGEMENT SERV. v. JOHNSON

No. 03-03-00060-CV.

124 S.W.3d 678 (2003)

ALEX SHESHUNOFF MANAGEMENT SERVICES, L.P./Kenneth Johnson and Strunk & Associates, L.P., Appellants, v. Kenneth JOHNSON and Strunk & Associates, L.P./Alex Sheshunoff Management Services, L.P., Appellees.

Court of Appeals of Texas, Austin.

October 2, 2003.

Attorney(s) appearing for the Case

John J. McKetta III, Eric Behrens, Preston Randall, Graves, Dougherty, Hearon & Moody, PC, Austin, for Appellants.

John M. Mings, Fulbright & Jaworski, L.L.P., Houston, Mary Schaerdel Dietz, Marcy Hogan Greer, Fulbright & Jaworski, LLP, Daniel H. Byrne, Fritz, Byrne & Head & Harrison, LLP, Austin, for Appellees.

Before Chief Justice LAW, Justices B.A. SMITH and PATTERSON.

OPINION

JAN P. PATTERSON, Justice.

In this summary judgment case, we must determine whether a covenant not to compete agreement entered into a few months after an employee is promoted to a new position is enforceable as a matter of law. Alex Sheshunoff Management Services, L.P. ("ASM") appeals from a summary judgment granted in favor of its former employee, Kenneth Johnson, and Johnson's new employer, Strunk & Associates, L.P. ("Strunk"). ASM...

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