Data Supplies, Inc. v. Cowart

Decision Date13 November 1970
Docket NumberNo. 70--129,70--129
Citation240 So.2d 829
PartiesDATA SUPPLIES, INC., a Georgia corporation, Appellant, v. Louis E. COWART, Appellee.
CourtFlorida District Court of Appeals

John M. Mankin, of Hill, Hill & Dickenson, Tampa, for appellant.

No appearance for appellee.

MANN, Judge.

The trial judge held that the contract not to engage in a competing business within a reasonable area for a reasonable time was valid but refused to enjoin Cowart from violating his agreement. Fla.Stat. § 542.12, F.S.A. (1969). The establishment of a legal right carries with it a duty on the judge's part to grant an appropriate remedy. See Akey v. Murphy, Fla.1970, 238 So.2d 94, 95.

Reversed and remanded.

HOBSON, C.J., and LILES, J., concur.

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4 cases
  • Silvers v. Dis-Com Securities, Inc.
    • United States
    • Florida District Court of Appeals
    • September 23, 1981
    ...On the other hand, the establishment of legal rights carries with it the duty to grant an appropriate remedy. Data Supplies, Inc. v. Cowart, 240 So.2d 829 (Fla.2d DCA 1970). Because the statute specifically provides for injunctive relief and for the added reason that most or all of the harm......
  • Graphic Business Systems, Inc. v. Rogge, 82-849
    • United States
    • Florida District Court of Appeals
    • August 4, 1982
    ...On the other hand, the establishment of legal rights carries with it the duty to grant an appropriate remedy. Data Supplies, Inc. v. Cowart, 240 So.2d 829 (Fla. 2d DCA 1970). Because the statute specifically provides for injunctive relief and for the added reason that most or all of the har......
  • Miller Mechanical, Inc. v. Ruth
    • United States
    • Florida Supreme Court
    • July 10, 1974
    ...District, in Miller Mechanical, Inc. v. Ruth, 287 So.2d 174, which allegedly conflicts with the decision in Data Supplies, Inc. v. Cowart, 240 So.2d 829 (Fla.App.2d, 1970). The facts, as determined by the trial judge and affirmed by the District Court of Appeal, are as follows: Respondent, ......
  • Chessick Clinic, P. A. v. Jones
    • United States
    • Florida District Court of Appeals
    • January 19, 1979
    ...the supreme court was called upon to resolve the conflict between the Second District Court of Appeal in Data Supplies, Inc. v. Cowart, 240 So.2d 829 (Fla. 2d DCA 1970) and Miller Mechanical, Inc. v. Ruth, 287 So.2d 174 (Fla. 4th DCA The supreme court in Ruth described what had taken place ......

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