Barco Chemicals Division, Inc. v. Colton, 73--1319
Citation | 296 So.2d 649 |
Decision Date | 26 June 1974 |
Docket Number | No. 73--1319,73--1319 |
Parties | 1974-2 Trade Cases P 75,176 BARCO CHEMICALS DIVISION, INC., a Florida corporation, Appellant, v. Herbert N. COLTON, Appellee. |
Court | Court of Appeal of Florida (US) |
Melvin J. Richard and Dennis Alan Richard, Miami Beach, for appellant.
Marvin I. Moss, North Miami, and Leo Greenfield, Miami, for appellee.
Before PEARSON, CARROLL and HAVERFIELD, JJ.
The appellant, plaintiff in the trial court, seeks review of an adverse final judgment entered pursuant to a directed verdict for the defendant in an action for injunctive relief. The action is based upon a restrictive covenant against competition in an employment contract entered into between the parties.
The trial court has set forth the basis of the directed verdict as follows:
'THIS CAUSE having come on to be heard for Final Hearing, and the Court having heard testimony from witnesses for the Plaintiff and argument of counsel on Defendant's Motion for Directed Verdict at the close of Plaintiff's case, and the Court, being otherwise fully advised in the premises, finds as follows:
'Based on Florida Statute Section 542.12 (F.S.A.) and the language of Storz Broadcasting Co. v. Courtney, (Fla.App.,) 178 So.2d 40 and other cases, the Court finds that the employment agreement will result in unjust results when applied to this Defendant and that the Plaintiff has not sustained its burden and has failed to establish a prima facie case.'
The trial court's reliance upon Storz Broadcasting Co. v. Courtney, Fla.App.1965, 178 So.2d 40, is misplaced in view of the fact that the holding in that case was that an employee's contract not to engage in a competing business will not be construed to extend beyond the proper import or further than the language of the contract absolutely requires.
The trial judge may not refuse to enforce a valid contract upon a general finding that enforcement will produce 'unjust results.' In Storz Broadcasting Co. v. Courtney, supra, this court pointed out:
The opinion in Atlas Travel Service, referred to in the quotation, states:
...
To continue reading
Request your trial-
Sun Elastic Corp. v. O.B. Industries
...v. Williams, 334 So.2d 154 (Fla. 3d DCA 1976); Foster & Co. v. Snodgrass, 333 So.2d 521 (Fla. 2d DCA 1976); Barco Chemicals Div., Inc. v. Colton, 296 So.2d 649 (Fla. 3d DCA 1974); Storz Broadcasting Co. v. Courtney, 178 So.2d 40 (Fla. 3d DCA 1965), cert. denied, 188 So.2d 315 (Fla.1966); Am......
-
Twenty Four Collection, Inc. v. Keller, 80-181
...an "unjust result" in the form of an overly burdensome effect upon the employee. We specifically so held in Barco Chemicals Division, Inc. v. Colten, 296 So.2d 649 (Fla. 3d DCA 1974). Accord, Empiregas, Inc., of Pensacola v. Thomas, 359 So.2d 15 (Fla. 1st DCA 1978), dismissed, 364 So.2d 893......
-
Lincare Holdings Inc. v. Ford
...and consider the facts presented in the light most favorable to Lincare as the nonmoving party. See Barco Chems. Div., Inc. v. Colton, 296 So. 2d 649, 651 (Fla. 3d DCA 1974) ("Defendant appears to contend that the terms of his employment were changed and that he was thereby relieved of the ......