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NATIONAL CAFÉ SERVICES, LTD. v. PODARAS

No. 10-01-00244-CV.

148 S.W.3d 194 (2004)

NATIONAL CAFÉ SERVICES, LTD., Appellant, v. Perry PODARAS, Appellee.

Court of Appeals of Texas, Waco.

August 4, 2004.

Attorney(s) appearing for the Case

Thomas G. Overbeck, Houston, for Appellant.

Robert A. Axelrad, Leslie C. Taylor, Zimmerman, Axelrad, Meyer, Stern & Wise, P.C., Houston, for Appellee.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

OPINION

FELIPE REYNA, Justice.

Perry Podaras filed a declaratory judgment action against National Café Services, Ltd. seeking a declaration that a non-competition clause in the partnership agreement is unenforceable. The court granted a partial summary judgment in favor of Podaras on this issue. After a subsequent hearing, the court awarded attorney's fees to Podaras. National Café presents five issues in which it contends: (1) the trial court...

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