Appellant Anderson Chemical Company, Inc. brings this interlocutory appeal from the denial of a temporary injunction. Appellant sought a temporary injunction prohibiting appellees Art Green (Green) and Alpha Labs, Inc. (Alpha) from violating Green’s covenant not to compete with appellant, to prohibit the disclosure of confidential information, and to prevent the solicitation of other employees of appellant. In two issues which are argued together, appellant contends the trial court misapplied the law to the facts of the case. It also contends the evidence presented at the hearing by both parties “does not support the order.” Disagreeing that either issue presents reversible error, we affirm the judgment of the trial court.
Green worked for appellant as a salesman of water treatment systems from 1990 until July 5, 2001, at which time he went to work for Alpha, a competitor. The parties stipulated that Green signed an employment agreement with appellant in 1990 that contained a covenant not to compete. Since terminating his employment with appellant, Green has solicited customers he had serviced while employed by appellant within the geographic area proscribed by the employment agreement. Although it initially issued a temporary restraining order, on August 28, 2001, at a hearing on appellant’s request, the trial court declined to issue a temporary injunction without stating the basis for its ruling.
The purpose of a temporary injunction is to preserve the status quo pending a trial on the merits. Walling v. Metcalfe, 863 S.W.2d 56, 58 (Tex. 1993). To be entitled, an applicant must show a probable injury and a probable right of recovery at the final hearing. Id. at 57. We review the denial of a request for temporary injunction under an abuse of discretion standard, and we may not reverse that decision absent an abuse of that discretion. Id. at 58. A court abuses its discretion when it misapplies the law to the facts or when the evidence does not reasonably support the findings. State v. Southwestern Bell Tel. Co., 526 S.W.2d 526, 528 (Tex. 1975). In making our review, we draw all legitimate inferences from the evidence in the light most favorable to the trial court’s judgment. Miller Paper Co. v. Roberts Paper Co., 901 S.W.2d 593, 598 (Tex.App.–Amarillo 1995, no writ). Where, as here, the trial court does not make findings of fact and conclusions of law, the judgment may be upheld on any legal theory supported by the record. Davis v. Huey, 571 S.W.2d 859, 862 (Tex. 1978).
