Aero Kool Corp. v. Oosthuizen, 99-665.
| Decision Date | 12 May 1999 |
| Docket Number | No. 99-665.,99-665. |
| Parties | AERO KOOL CORPORATION, Appellant, v. Gilbert OOSTHUIZEN, Appellee. |
| Court | Florida District Court of Appeals |
White and Case and Marcos D. Jiménez and Eric S. Roth and Darin A. DiBello, Miami, for appellant.
Stephanie Alexander, for appellee.
Before COPE, LEVY and SORONDO, JJ.
Aero Kool Corporation appeals from the lower court's non-final order denying its emergency motion for temporary injunction to enforce a six-month covenant not to compete against Gilbert Oosthuizen. We reverse and remand with directions to enter a temporary injunction.
Aero Kool is engaged in the business of overhauling commercial aircraft engine and airframe accessories. In March 1993, Oosthuizen began work at Aero Kool. Prior to this employment, Oosthuizen had worked at a restaurant and had no experience or training in aviation repair. Aero Kool provided Oosthuizen with over 195 hours of specialized training, enabling him to become skilled in repairing and overhauling aircraft components, particularly heat exchangers. He received a Temporary Airman Certificate from the Federal Aviation Administration (FAA), authorizing him to exercise the privileges of a Repairman "for manager of Heat Exchanger and accessories [while] employed at Aero Kool."
Oosthuizen was subsequently promoted to repair manager. On March 4, 1997, as a condition of continued employment with Aero Kool, Oosthuizen entered into an Employment Agreement containing a covenant not to compete, which provided:
During the Term of Employment and for a period of six (6) months thereafter, the Employee shall not, within any jurisdiction in which the Company is transacting business or has authorized others to do business on behalf of the Company, directly or indirectly ... be employed by ... any business or [sic] the type of character engaged in and competitive with that conducted by the company....
The Employment Agreement also contained an express provision regarding the company's right to an injunction restraining any violation of the covenants contained therein.
In mid-December 1998, Oosthuizen's employment by Aero Kool was terminated after he failed a random drug test. Thereafter, he worked for about a month as a telemarketer with another employer. In late-January 1999, he began work for Aero Kool's competitor, Airmark Components, Inc. At Airmark, Oosthuizen receives training and performs work regarding the repair of air coolers rather than heat exchangers.
On February 19, 1999, Aero Kool filed a verified complaint and emergency motion for temporary injunction seeking to enjoin Oosthuizen from continuing to violate the six month covenant not to compete by working for Airmark. The trial court conducted an evidentiary hearing. On March 9, 1999, the court entered an order denying Aero Kool's emergency motion. In pertinent part, the court found that: (a) Aero Kool had failed to prove the existence of any legitimate business interest, as required by section 542.335, Florida Statutes (1997); and (b) Oosthuizen's employment by Airmark...
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