Lee v. WATSCO, Inc., 71--846
| Citation | 263 So.2d 241 |
| Decision Date | 13 June 1972 |
| Docket Number | No. 71--846,71--846 |
| Parties | 1972 Trade Cases P 74,052 Aaron LEE et al., Appellants, v. WATSCO, INC., a Florida corporation, Appellee. |
| Court | Court of Appeal of Florida (US) |
Monroe Gelb, Miami, for appellants.
Feibelman, Friedman, Britton & Stettin and William H. Benson, Miami, for appellee.
Before BARKDULL, C.J., and CHARLES CARROLL and HENDRY, JJ.
Appellants were the defendants in a suit brought by plaintiff-appellee in which it sought injunctive relief against defendants, Lehman, Lederman and Kelso to prevent their employment with the defendant, Chemair Corporation of America, in violation of noncompetition clauses in the employment contracts they had entered into with the plaintiff. There was also a claim against the defendants in the complaint for compensatory and punitive damages for conspiracy and tortious interference with plaintiff's prior business relationships.
The defendant's answer denied the allegations that would entitle plaintiff to relief or damages.
The issues were tried without a jury as an action formerly cognizable in equity and a judgment was entered in favor of the plaintiff holding that WATSCO, Inc. recover from the defendants compensatory damages. Specifically, WATSCO, Inc. was to recover from Kelso and Chemair Corporation, jointly and severally, the sum of $500.00 as compensatory damages; from the defendants, Lederman and Chemair, jointly and severally, the sum of $1,000.00 as compensatory damages; and from the defendants Lee and Chemair, jointly and severally, the sum of $13,000.00, as compensatory damages. It was further held that WATSCO recover from defendants Lehman, Kelso and Chemair, jointly and severally, the sum of $750.00, as punitive damages; from Lederman and Chemair, jointly and severally, the sum of $2,000.00 as punitive damages; and from the defendants Lee and Chemair, jointly and severally the sum of $26,500.00 as punitive damages. There was also an allowance to plaintiff of costs and reasonable attorneys' fees.
Defendants moved for rehearing, new trial and remittitur. Pursuant thereto the trial judge entered an amended final judgment which made no award of punitive damages but provided for the same awards of compensatory damages as did the original final judgment.
The defendants have appealed from the amended final judgment and the plaintiff has cross-assigned as error the entry of the amended final judgment.
In 1968 the Winslow Division of WATSCO, Inc. manufactured and distributed hair spray and hair care products. It employed Lee as its manager and chief executive officer, but there was no written employment contract. Lederman, Lehman and Kelso were key employees under written contracts containing restrictive covenants against competitive activity for two years after termination; the contract also contained a clause allowing termination with or without cause on one week's notice.
Lee resigned on July 17, 1968. On July 22, 1968 Lee formed Chemair Corporation of America, which the court found competed with the Winslow Division of appellee. Lederman, Lehman and Kelso resigned about July 22, 1968 and they were hired by Chemair in early August, 1968.
The restrictive covenants in the WATSCO employment contracts did not contain a specific geographic...
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