Nidal T. Baem v. Western Frontier Trading, LLC.

CourtTexas Court of Appeals, 8th District (El Paso)
DecidedApril 16, 2026
Docket08-25-00105-CV
StatusPublished

This text of Nidal T. Baem v. Western Frontier Trading, LLC. (Nidal T. Baem v. Western Frontier Trading, LLC.) is published on Counsel Stack Legal Research, covering Texas Court of Appeals, 8th District (El Paso) primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nidal T. Baem v. Western Frontier Trading, LLC., (Tex. Ct. App. 2026).

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS ———————————— No. 08-25-00105-CV ————————————

Nidal T. Baem, Appellant v. Western Frontier Trading, LLC, Appellee

On Appeal from the 41st Judicial District Court El Paso County, Texas Trial Court No. 2025DCV0635

M E MO RA N D UM O PI NI O N In this interlocutory appeal, Appellant Nidal T. Baem challenges the trial court’s order

temporarily freezing all First National Bank of Texas accounts held in his name. Funds allegedly

embezzled from Appellee Western Frontier Trading, LLC were deposited into one such account.

We reverse in part, affirm in part, and remand to the trial court to modify its order.

I. FACTUAL AND PROCEDURAL BACKGROUND Western describes itself as “a wholesaler in the El Paso County region” that “provides

goods to area vendors” and “relies on its employees to service accounts and on occasion collect

checks[.]” Baem was an employee of Western whose duties included “delivering, invoicing and collecting payment for merchandise[.]”

Western sued Baem for theft, conversion, and breach of fiduciary duty, alleging that he

“ha[d] customers write checks directly to him and deposit[ed] said checks into his own account.”

Western also sought a temporary injunction enjoining Baem from “liquidating all the funds

contained in the accounts held at FIRST NATIONAL BANK TEXAS . . . in [Baem]’s name,” and

requiring the bank “to freeze all funds on account in [Baem]’s name.”

The trial court held a temporary injunction hearing at which two witnesses testified—

Carlos Moreno, whose company, Audio Fanatics, was a customer of Western, and Erik Broberg,

Western’s owner.1

Moreno testified that he paid for purchases from Western by writing checks to Baem

personally. According to Moreno, he did so at Baem’s request because Baem said he was Broberg’s

partner.2 Moreno further testified that Baem sometimes asked him to pay cash, offering a discount

for this form of payment. Moreno also paid a total of $44,993.90 in a series of 43 Cash App

transfers directly to Baem.

Broberg testified that he became suspicious of Baem when he “started seeing financial

irregularities” and “money would be missing,” and “as [he] found more and more and more

evidence, it became overwhelmingly obvious [Western] had enough proof [Baem] was embezzling

money.” According to Broberg, Western identified a specific bank account into which Audio

Fanatics’ checks had been deposited. In addition, Broberg testified that Baem had bought a plane

ticket to fly home to Kuwait, departing on the day before the temporary injunction hearing,3 and

1 Western’s owner is referred to as “Grover” in the reporter’s record. We refer to him as Broberg, the name used in Western’s pleadings and supporting affidavit. 2 Baem concedes he was Western’s employee and not Broberg’s business partner. 3 Baem did not appear at the hearing.

2 was “sending money overseas” (ongoing emails received on Baem’s former work computer

indicated that “several hundreds of dollars a day each day [were] being sent to an individual

[overseas, possibly in the Middle East]).”

After the hearing, the trial court signed a temporary injunction order enjoining Baem from

“liquidating any of the funds contained in the accounts held at FIRST NATIONAL BANK TEXAS”

and directing the bank to “freeze all funds in its accounts in [Baem]’s name.” The order included

a specific finding that “said bank accounts are directly related to the matter at issue in this lawsuit,”

as “deposits of money belonging to [Western] were deposited in said account.” In addition, the

trial court entered separate findings of fact and conclusions of law. This interlocutory appeal

followed, as permitted under Texas Civil Practice and Remedies Code § 51.014(a)(4).

II. ISSUES ON APPEAL On appeal, Baem argues that the trial court abused its discretion by issuing a temporary

injunction without evidence of a probable right of recovery, an irreparable injury, or the absence

of an adequate remedy at law, and by granting overbroad relief that did not preserve the status quo.

III. STANDARD OF REVIEW AND APPLICABLE LAW A temporary injunction serves to preserve the status quo pending a trial on the merits.

Butnaru v. Ford Motor Co., 84 S.W.3d 198, 204 (Tex. 2002). It is an extraordinary remedy and not

a matter of right. Id. To obtain such relief, a party must plead and prove a cause of action, a probable

right to relief, and irreparable injury in the interim. Id.

We review an order granting a temporary injunction for an abuse of discretion. State v. Loe,

692 S.W.3d 215, 226 (Tex. 2024). Under this standard, we defer to the trial court’s factual findings

if supported by evidence, but review its legal determinations de novo. Id. A reviewing court must

not substitute its judgment for that of the trial court unless the trial court’s action was so arbitrary

it exceeded the bounds of reasonable discretion. Butnaru, 84 S.W.3d at 204. In determining

3 whether the trial court abused its discretion, “we view the evidence in the light most favorable to

the trial court’s order, indulging every reasonable inference in its favor.” Grossman v. City of

El Paso, 642 S.W.3d 85, 107 (Tex. App.—El Paso 2021, pet. dism’d).

IV. ANALYSIS A. Probable right of recovery

To show a probable right of recovery, a party seeking a temporary injunction must “present

enough evidence to raise a bona fide issue as to its right to ultimate relief.” Daugherty v. Ellington,

No. 05-22-00991-CV, 2024 WL 177482, at *5 (Tex. App.—Dallas Jan. 17, 2024, pet. denied)

(mem. op.). This means the party must produce “some evidence supporting every element of at

least one valid legal theory.” Id. The party need not “show that it will prevail at trial,” nor must the

trial court “evaluate the probability that [the party] will prevail at trial” because the ultimate merits

are not yet before the court. Id.

Baem contends that Western’s pleading of its claims is inadequate, as the pleading is “just

a recitation of the elements of each cause of action.” However, Baem neither discusses nor cites

any authority regarding what a proper pleading would minimally require. See Tex. R. App. P.

38.1(i) (requiring an appellant’s brief to contain “a clear and concise argument for the contentions

made, with appropriate citations to authorities”). Further, Western’s pleading separately sets forth

the alleged facts underlying its claims. Baem does not explain why these alleged facts together

with Western’s description of its claims do not meet Texas’s fair-notice pleading standard. See id.;

see also Texas Dep’t of Transp. v. Lara, 625 S.W.3d 46, 61 (Tex. 2021) (“Texas follows a fair-

notice standard for pleading, which measures whether the pleadings have provided the opposing

party sufficient information to enable that party to prepare a defense or a response.”) (internal

quotation marks omitted). We conclude that Baem has not shown Western’s pleading is inadequate.

4 Baem further contends that the record contains no evidence of at least one element of each

of Western’s claims. We disagree and focus our analysis on the evidence of each element of

Western’s theft claim. See Daugherty, 2024 WL 177482, at *5 (to show a probable right of

recovery, the party seeking the temporary injunction must produce “some evidence supporting

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