Temporary injunction filed against Trill Burgers in ongoing lawsuit

Last week, a temporary injunction was filed against Trill Burgers and its owners, which includes Houston rapper Bun B.

This move comes in the legal battle between Trill Burgers, LLC, and former managers Benson Vivares and Patsy Vivares.

A lawsuit was filed by the company which claimed a series of allegations regarding the defendants' misappropriation of company funds and breach of fiduciary duties.

RELATED: Trill Burgers files lawsuit against former managers

Charles Adams, the lawyer representing Trill Burgers gave this statement: 

The temporary injunction hearing provided sworn testimony from both sides of this dispute that I believe fully supported my clients’ positions on the agreed dissolution of the original partnership and the alleged misappropriation of funds by Patsy Vivares. Patsy and Benson Vivares completely failed to provide testimony that supported Patsy Vivares’ prior sworn statements accusing Mr. Freeman of being a thief and sworn bigoted suggestion he was tied to an unknown criminal underworld. Patsy Vivares failed to explain her handling of tens of thousands of missing funds. The Vivares’ also absurdly testified that they agreed to leave but only meant that they were leaving their obligations to run the restaurant but intended to retain their ownership interest.

Despite this, Judge Craft-Demming signed a temporary injunction order filed by the Vivares’ counsel that uniquely appears to prohibit existing parties, parties served on the last day of the hearing without proper notice of said hearing, and non-parties from hiring counsel and greatly restricts their ability to operate their respective businesses.

The order also seems to order non-party attorneys hired by Trill Burgers and its owners to repay attorneys fees and costs in direct contravention of Texas law, the Texas Constitution and the Constitution of these United States. After the unusually drafted order was signed by the court, the Vivares’ attorneys immediately sent a list of demands to myself, Mr. Roebuck and Mr. Poupore threatening to ask the court to hold us, as the attorneys for Trill Burgers and its owners, in contempt if we do not comply with the order because they, apparently, do not to grasp that we are not parties to this dispute. I do not believe the order will survive appellate scrutiny if there is ever any actual effort to post the bond, serve the required parties and have it enforced.

The plan moving forward: Trill Burgers will continue to serve the best hamburgers in Houston, Trill Burgers is still marching forward with its claims against the Vivares, Trill Burgers will seek appropriate relief from the Court of Appeals when necessary, and the ownership team of Trill Burgers is still looking forward to their day before a trier of fact, whether it be an arbitrator or a jury, to further expose the simple truths of this dispute and obtain an award of the appropriate compensation for the alleged bad acts of their former colleagues Patsy and Benson Vivares.

DOWNLOAD THE FOX 26 HOUSTON APP BY CLICKING HERE

FOX 26 reached out to the attorneys representing Patsy and Benson Vivares for a statement and are waiting to hear back.

Crime and Public SafetyHouston