Samples Exterminators v. Larry Samples

Per Curiam This suit arose out of an action by Samples Exterminators against Larry Samples for alleged infringement of the business' trade name, unfair competition and trade practices, and theft or conversion of the business' secrets, goodwill, and assets. The trial court granted injunctive relief to both Plaintiff, Samples Exterminators, and Larry Samples, the Defendant, based upon their consent in open court to entry of the judgment. The court of appeals, in reversing the judgment of the trial court, held that Larry Samples had revoked his consent to settle the case before the trial court rendered judgment. TEX. R. CIV. PRO. 452. We reverse the judgment of the court of appeals and affirm the trial court's judgment. The disputed settlement occurred on May 29, 1981, at a Second Hearing for Temporary Injunction. Samples Exterminators sought enforcement of an earlier settlement agreement entered into by the parties on April 10, 1981.1