Daiquiri's III on Bourbon, Ltd. v. Wandfluh
Decision Date | 27 October 1992 |
Docket Number | No. 92-CA-446,92-CA-446 |
Citation | 608 So.2d 222 |
Parties | DAIQUIRI'S III ON BOURBON, LTD. d/b/a Daiquiris v. Charles C. WANDFLUH and Daiquiri Delights Shop, Inc. |
Court | Court of Appeal of Louisiana — District of US |
Clement F. Perschall, Jr., Metairie, for plaintiff-appellant Daiquiri's III on Bourbon, Ltd., d/b/a Daiquiris.
J. Forrest Hinton, T. Christopher Seay, McGlinchey, Stafford, Cellini, & Lang, P.C., New Orleans, for defendants-appellees Charles C. Wandfluh and Daiquiri Delights Shop, Inc.
Before KLIEBERT, C.J., and DUFRESNE and WICKER, JJ.
This matter is before us on an appeal taken by the plaintiff from a judgment of the trial court which sustained an exception of no cause of action filed by defendants.
The petition against the defendants, Charles C. Wandfluh and Daiquiri Delight Shop, Inc., is one for damages and an injunction restraining the latter from operating a business the same as or similar to that of the petitioner within the Parish of Orleans for a period of two years from June 13, 1991.
Specifically, it is alleged in its suit that: (1) petitioner is engaged in a business at 633 Bourbon Street in the City of New Orleans, which consists primarily of the sale of frozen alcoholic daiquiris and frozen non-alcoholic daiquiris, (2) the defendant Wandfluh was in petitioner's employ from August 1990 until June 1991, (3) that in connection with his employment Wandfluh signed an agreement containing a covenant not to compete, and (4) Wandfluh's association with Daiquiris Delight Shop, Inc. is in violation of the agreement, signed by Wandfluh, by virtue of the operation of a place of business at 300 Bourbon Street in the City of New Orleans. The agreement was attached to and made a part of the petition.
The sole issue presented by the appeal is the correctness of the trial judge's ruling that the covenant-not-to-compete agreement was unenforceable because it did not meet the requirements of LSA-R.S. 23:921(C) in that it contained no territorial limitation and contained an overly broad definition of the employer's business.
The agreement upon which the action is based reads in its entirety as follows:
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