Gallagher v. Automated Bldg. Components, Inc.
| Decision Date | 13 December 1966 |
| Docket Number | No. 66--968,66--968 |
| Citation | 193 So.2d 445 |
| Court | Florida District Court of Appeals |
| Parties | Donald E. GALLAGHER, Appellant, v. AUTOMATED BUILDING COMPONENTS, INC., a Florida corporation, Appellee. |
Daniel Neal Heller, Schwarz & Cohen, Miami, for appellant.
Shutts & Bowen and Thomas H. Anderson, Miami, for appellee.
Before PEARSON and SWANN, JJ., and NATHAN, RAYMOND G., Associate Judge.
Defendant, appellant, takes this interlocutory appeal from a temporary injunction enjoining and restraining him until further order of the court 'from directly or indirectly * * * entering into or engaging in the wood joint connector plate manufacturing business, or any branch thereof, as an employee, agent or salesman, for a period of two years after August, 1965.'
The granting of a temporary injunction rests within the sound judicial discretion of the chancellor. See Cunningham v. Dozer, Fla.App.1963, 159 So.2d 105.
We conclude that there is no definite term of employment in the contract between plaintiff and defendant and therefore the covenant of such contract relating to employment after termination of defendant's employment with plaintiff does not fall within the purview of Storz Broadcasting Company v. Courtney, Fla.App.1965, 178 So.2d 40.
No determination is here being made as to the reasonableness of the covenants in the contract between the plaintiff and defendant, including but not limited to time and area, as such points were not raised on appeal.
The order appealed from is therefore affirmed.
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Cotita v. State, II-224
...held the evidence admissible because it "established a course of conduct in the commission of the crime charged in the instant case." (193 So.2d 445) Florida courts have stated other bases of relevancy in similar cases. In Summit v. State, 285 So.2d 670 (Fla. 3rd DCA 1973), evidence of prio......
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Torcise v. Perez
...to appellees, from a review of the record as a whole, we feel that such contention is without merit. See Gallagher v. Automated Building Components, Inc., Fla.App.1967, 193 So.2d 445; City of Miami Beach v. Seacoast Towers Miami Beach, Fla.App.1963, 148 So.2d 554; and Albury v. Plumber's Lo......
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State ex rel. Conner v. Turner, 71--764
...was such that we can hold that the trial judge abused his discretion in denying the temporary injunction. Gallagher v. Automated Building Components, Inc., Fla.App.1966, 193 So.2d 445. We express no view on the bedrock issue which must ultimately be decided by the trial court, and that is w......
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Collier v. Powers
...PEARSON, C.J., and CHARLES CARROLL and SWANN, JJ. PER CURIAM. Affirmed on authority of the rule stated in Gallagher v. Automated Building Components, Inc., Fla.App.1967, 193 So.2d 445. ...