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Wyatt2/16/1995
OPINION OF THE COURT BY CHIEF JUSTICE STEPHENS
REVERSING
This case comes before this Court as an appeal of an original action in the Court of Appeals pursuant to CR 76.36(7). The primary issue we address is whether the Court of Appeals improperly exercised jurisdiction in modifying an injunction. The writ of prohibition was granted by the Court of Appeals, notwithstanding the fact that the petitioner had failed to file an appeal of the injunction under CR 65.07. The twenty day filing period under CR 65.07 had expired over seven months prior to the time the petitioner moved for this extraordinary writ. After reviewing the procedural history of this appeal, we find that the Court of Appeals did improperly exercise its jurisdiction in this case.
The appellee, Mr. Williams, was formerly employed by the appellant, the law firm of Wyatt, Tarrant and Combs, as a paralegal. In his duties in that position, he was assigned to working on cases involving Brown and Williamson Corporation, a client of the law firm. In this position, he was integrally involved with developing Brown and Williamson'S defense strategy in personal injury claims instituted against them. Mr. Williams left the employment of the law firm.
Mr. Williams took several copies of Brown and Williamson documents he had taken from the law firm to his own attorney. These documents were ones that he had gained access to while working as a paralegal at the law firm. His attorney advised Williams to return the documents to the law firm, and he agreed. The documents were then delivered to the law firm. Williams' attorney never read any of the documents as they were in a sealed box when Williams brought them to his office. With the box, Williams' attorney included a letter informing the law firm of the box's contents. At some later time, Williams' attorney informed the law firm that his client had prepared a narrative recounting from memory what the documents contained. His attorney, however, stated that he had not read the narrative, but that he would read the narrative by October 1, 1993, if, at that time he had not received any instruction directing him otherwise.
At this point appellants moved for a restraining order under CR 65.03(1), which the trial Judge, Hon. Thomas B. Wine entered. The order restrained Williams from "disclosing, using, reproducing, or continuing in his possession any of the stolen documents and information."
Petitioner then appealed to the Court of Appeals to dissolve the restraining order. The Court of Appeals upheld the order in part, reversing the order to the limited extent that it had required some affirmative action by Williams.
On January 7, 1994, the circuit court issued a temporary injunction. This injunction prohibits Williams and his counsel from disclosing or using any of the documents or knowledge gained from them. In June of 1994 Williams filed a motion requesting the circuit court to vacate the injunction or to modify it to the extent that Williams could disclose to his own counsel what information the documents contained for purposes of allowing him to obtain proper representation and preparing his own litigation strategy. The circuit court denied the motion to modify or vacate the injunction.
In August of 1994, over seven months after the injunction had been entered, Williams filed an original action in the Court of Appeals, seeking relief pursuant to CR 76.36. It should again be noted that Williams, however, had never appealed from the injunction under CR 65.07. On November 8, 1994, the Court of Appeals modified the injunction so as not to prohibit Williams from communicating with his own attorney about the case.
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