United Food and Commercial Workers International Union, Organization United for Respect at Walmart, North Texas Jobs With Justice, and Lester Eugene Lantz v. Wal-Mart Stores, Inc., Wal-Mart Real Estate Business Trust, Wal-Mart Realty Company, Wal-Mart Stores Texas, LLC, Wal-Mart Stores East, LP, and Sam's East, Inc. ( 2016 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-15-00374-CV
United Food and Commercial § From the 352nd District Court
Workers International Union;
Organization United for Respect at
Walmart; North Texas Jobs With § of Tarrant County (352-266419-13)
Justice; and Lester Eugene Lantz
v. § October 27, 2016
Wal-Mart Stores, Inc.; Wal-Mart Real § Opinion by Justice Gabriel
Estate Business Trust; Wal-Mart
Realty Company; Wal-Mart Stores
Texas, LLC; Wal-Mart Stores East,
LP; and Sam's East, Inc.
JUDGMENT
This court has considered the record on appeal in this case and holds that
there was no error in the trial court’s summary judgment. Although the trial court
did not abuse its discretion in granting Walmart permanent injunctive relief based
on its claims that were established as a matter of law, the scope of paragraph “c.”
was overly broad so as to prohibit lawful activities within Walmart’s limited
business invitation to the public. Therefore, we modify paragraph “c.” of the
permanent injunction to state that the following conduct is enjoined:
Entering on Walmart’s private property at any store or facility in the
State of Texas that is owned or controlled by Wal-Mart Stores, Inc.,
Wal-Mart Real Estate Business Trust, Wal-Mart Realty Company,
Wal-Mart Stores Texas, LLC, Wal-Mart Stores East, LP, Sam’s East,
Inc., or any of their subsidiaries, affiliates, or operating entities for
any non-shopping, labor-related purpose.
See Ghidoni v. Stone Oak, Inc., 966 S.W.2d 573, 583 (Tex. App.―San
Antonio 1998, pet. denied) (en banc op. on reh’g) (modifying overly broad
permanent injunction). As modified, we affirm the trial court’s permanent
injunction. See Tex. R. App. P. 43.2(b).
It is further ordered that all parties shall bear their own costs of this appeal,
for which let execution issue.
SECOND DISTRICT COURT OF APPEALS
By /s/ Lee Gabriel
Justice Lee Gabriel