NUMBER 13-16-00346-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG FATIH OZCELEBI, M.D., Appellant, v. K.V. CHOWDARY, M.D. INDIVIDUALLY AND D/B/A VALLEY GASTROENTEROLOGY CLINIC, P.A.; VALLEY GASTROENTEROLOGY CLINIC P.A., Appellees. On appeal from the County Court at Law No. 7 of Hidalgo County, Texas. MEMORANDUM OPINION Before Chief Justice Valdez and Justices Rodriguez and Benavides Memorandum Opinion by Chief Justice Valdez Appellant, Fatih Ozcelebi, M.D., appeals various rulings favoring appellees, K.V. Chowdary, M.D., individually and doing business as Valley Gastroenterology Clinic, P.A., (Dr. Chowdary) and Valley Gastroenterology Clinic, P.A. (VGC). These rulings include a special exceptions order, two summary judgments, an order striking summary judgment evidence, death penalty sanctions, and a mediation sanction. By nine issues, Dr. Ozcelebi contends the trial court erred in granting these orders. We affirm. I. FACTUAL BACKGROUND Unless otherwise specified, the summary judgment evidence considered by the trial court showed the following. Dr. Ozcelebi came to the United States from Turkey to attend medical school. Upon graduation he was required, pursuant to his J-1 exchange visa, to return to Turkey for a period of two years. Seeking a waiver of this requirement, Dr. Ozcelebi applied and was hired to work with Dr. Chowdary at VGC on the condition that Dr. Ozcelebi provide primary care in medically underserved areas, as required by the J-1 visa waiver. A. Employment Agreement Dr. Ozcelebi and VGC entered into an employment agreement with a term of three years (Employment Agreement). The Employment Agreement contained a provision relating to a “profit sharing plan,” which stated that “[Dr. Ozcelebi] shall be entitled to participate in [VGC’s] profit sharing plan in accordance with its provisions.” The Employment Agreement also contained a non-compete provision. The non- compete provision stated that if Dr. Ozcelebi were to voluntarily terminate [the] [Employment] Agreement and [continue] to practice medicine in Hidalgo and/or Starr Counties, Texas, [Dr. Ozcelebi] shall pay $10,000.00 per month to [VGC] for two years after the effective date of termination [totaling $240,000]. The Employment Agreement also contained a records-provision, which provided as follows: 2 All case records, case histories, X-ray films, or personal and regular files concerning patients of [VGC] or patients consulted, interviewed, or treated and cared for by [Dr. Ozcelebi] shall belong to and remain the property of [VGC]. However, upon termination of this Agreement, [Dr. Ozcelebi] shall have the privilege, within ninety (90) days after termination, of reproducing at his own expense, any of such patient records. In conjunction with the Employee Agreement, Dr. Ozcelebi also executed an employment affidavit (the “Employment Affidavit”). In the Employment Affidavit, Dr. Ozcelebi agreed to work for a minimum of two years (twenty-four months) at a fixed annual salary. Dr. Ozcelebi also agreed to “devote his full-time energies to a minimum of forty (40) hours of Primary Care per week for VGC” and to “perform these duties in a medically underserved or health professional shortage area.” Importantly, Dr. Ozcelebi also agreed to accept certain financial consequences if his employment were to terminate before ...
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