Empiregas, Inc., of Pensacola v. Thomas, II-35
| Decision Date | 26 May 1978 |
| Docket Number | No. II-35,II-35 |
| Citation | 359 So.2d 15 |
| Parties | 1978-1 Trade Cases P 62,071 EMPIREGAS, INC., OF PENSACOLA, Appellant, v. Harvey L. THOMAS, Appellee. |
| Court | Florida District Court of Appeals |
Benjamin W. Redding, of Barron, Redding, Boggs & Hughes, Panama City, for appellant.
Charles L. Hoffman, Jr., of Shell, Fleming, Davis & Menge, Pensacola, for appellee.
Appellant contends the trial court erred in failing to enforce a noncompetition clause in an employment agreement between it and appellee. We reluctantly agree and reverse. Section 542.12(2), Florida Statutes (1977), allows an employee to agree with his employer to "refrain from carrying on or engaging in a similar business and from soliciting old customers of such employer within a reasonably limited time and area." The statute has been upheld by the Florida Supreme Court on several occasions. See Capelouto v. Orkin Exterminating Co. of Fla., Inc., 183 So.2d 532 (Fla. 1966), app. dism. 385 U.S. 11, 87 S.Ct. 78, 17 L.Ed.2d 10; Miller Mechanical, Inc. v. Ruth, 300 So.2d 11 (Fla. 1974). This court, construing the statute in Atlas Travel Service, Inc. v. Morelly, 98 So.2d 816 (Fla. 1st DCA 1957), stated:
"The permissory language of the statute, whereby agreements of the character in suit 'may' in the 'discretion' of the court, 'be enforced by injunction' does not imply that the court is vested with any absolute or arbitrary discretion, and is construed as requiring that the discretion shall be reasonably exercised to the end that the object of the statute may not be nullified."
With these precedents in mind, it is clear that the trial court abused its discretion here in failing to give effect to the agreement. The proof was sufficient to justify an injunction. We do not find, however, that there was sufficient proof of damages.
The order is therefore REVERSED as to injunctive relief and AFFIRMED as to damages. The case is remanded for the entry of an injunction.
To continue reading
Request your trial
-
Sun Elastic Corp. v. O.B. Industries
...Answer All Telephone Secretarial Serv., Inc. v. Call 24, Inc., 381 So.2d 281 (Fla. 5th DCA 1980); Empiregas, Inc. of Pensacola v. Thomas, 359 So.2d 15 (Fla. 1st DCA 1978), dismissed, 364 So.2d 893 (Fla.1978); Royal Servs., Inc. v. Williams, 334 So.2d 154 (Fla. 3d DCA 1976); Foster & Co. v. ......
-
Twenty Four Collection, Inc. v. Keller, 80-181
...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 (Fla.1978); Royal Services, Inc. v. Williams, 334 So.2d 154 (Fla. 3d DCA 1976); Fos......
- Thomas v. Empiregas, Inc., of Pensacola