As Trill Burgers approaches its one-year milestone as a prominent smashburger joint in Houston, its founders find themselves embroiled in a contentious legal dispute. Last month, a Harris County judge issued a temporary injunction against the business and its co-owners, Bernard “Bun B” Freeman, Andy Nguyen, and Nick Scurfield, mandating asset restrictions and prohibiting self-payments or equity transfers.
The injunction came at the behest of fellow co-founders Benson and Patsy Vivares, who were sued by Trill Burgers last year for alleged fund misappropriation. The Vivares siblings counterclaimed, alleging asset misappropriation and attempted divestiture of their ownership.
Despite this legal tangle, Judge Tamika Craft-Demming’s ruling allows Trill Burgers to continue operations at its Shepherd Drive location. However, payments to Freeman, Nguyen, and Scurfield, each drawing $5,000 monthly salaries, are suspended, although staff, overhead costs, and rent payments can continue.
Saad Aziz, representing the Vivares siblings, emphasized their desire to preserve Trill Burgers for Houstonians. Attorneys for Freeman, Nguyen, and Scurfield plan to appeal the injunction, deeming it unusual and against Texas law. They also seek arbitration to resolve the dispute privately.
The Vivares siblings assert their ownership rights, citing their contribution to Trill Burgers’ success, including the creation of its signature burger recipe. Craft-Demming’s order leans in their favor, suggesting likelihood of success in their claims.
The dispute centers on differing interpretations of the Vivares siblings’ departure agreement and their subsequent claim to ownership benefits. While the Vivares’ aim for a fair buyout, Trill Burgers owners are determined to sustain operations despite the injunction’s compensation restrictions.
In the interim, Trill Burgers vows to keep grilling smashburgers, ensuring continuity despite legal complexities.