Monaghan v. Blue Bell, Inc., 52151
| Citation | 393 So.2d 466 |
| Decision Date | 12 November 1980 |
| Docket Number | No. 52151,52151 |
| Parties | Charles Daniel MONAGHAN v. BLUE BELL, INC. |
| Court | United States State Supreme Court of Mississippi |
Norman B. Gillis, Jr., Gillis, Walman, Gillis & Holmes, McComb, for appellant.
Thomas D. Murry, Mitchell, McNutt, Bush, Lagrone & Sams, Tupelo, for appellee.
Before SMITH, P. J., and SUGG and LEE, JJ.
LEE, Justice, for the Court:
The appellant Charles Daniel Monaghan (Monaghan) and the appellee Blue Bell, Inc. (Blue Bell) entered into an employment contract on July 2, 1976, the third paragraph of which instrument is the basis of this suit and which provides the following:
On June 28, 1979, Monaghan resigned from his employment with Blue Bell, effective July 27, 1979, and indicated his intention to enter the employment of Kellwood Corporation (Kellwood). He requested that he be released from his contract with Blue Bell and permission to enter the employment of Kellwood. Trade secrets of Blue Bell were involved. The requests were denied but, notwithstanding, Monaghan started to work for Kellwood.
Blue Bell filed its bill of complaint against Monaghan in the Chancery Court of Monroe County seeking temporary and permanent injunctions under the employment contract. The chancellor granted the temporary injunction and, after a full hearing, granted a permanent injunction enjoining Monaghan from continuing his employment with Kellwood for the period of one (1) year from October 25, 1979, to October 25, 1980. The chancellor declined to grant supersedeas on the decree. Monaghan has appealed to this Court from the final judgment.
Monaghan contends on this appeal that (1) the agreement is void on its face and no sufficient grounds for injunctive relief were alleged, and (2) the court erred in finding the employment contract valid and in issuing a permanent injunction against him. The case was submitted on briefs and oral argument to this Court, October 29, 1980, four (4) days after the expiration of the one-year period in which Monaghan was enjoined from working for Kellwood.
Cases in which an actual controversy existed at trial but the...
To continue reading
Request your trial
-
Gamma Healthcare Inc. v. Estate of Grantham
...v. Barney , 199 Miss. 581, 24 So. 2d 866 (1946). Allred v. Webb , 641 So. 2d 1218, 1220 (Miss. 1994) (quoting Monaghan v. Blue Bell, Inc. , 393 So. 2d 466, 466-67 (Miss. 1980) ). "Thus, standing must exist when litigation is commenced and must continue through all subsequent stages of litig......
-
Gamma Healthcare Inc. v. Estate of Grantham
...v. Barney, 199 Miss. 581, 24 So.2d 866 (1946). Allred v. Webb, 641 So.2d 1218, 1220 (Miss. 1994) (quoting Monaghan v. Blue Bell, Inc., 393 So.2d 466, 466-67 (Miss. 1980)). "Thus, standing must exist when litigation is commenced and must continue through all subsequent stages of litigation, ......
-
Fails v. Jefferson Davis Cnty. Pub. Sch. Bd.
...and that we have no power to issue advisory opinions.” Allred v. Webb, 641 So.2d 1218, 1220 (Miss.1994) (quoting Monaghan v. Blue Bell, Inc., 393 So.2d 466, 466–67 (Miss.1980)). ¶ 11. In their Supplemental Brief, the Failses concede that they suffered no injury:“If the Failses had not been ......
-
Allred v. Webb, 91-CA-00750
...v. Bostick, 420 So.2d 1356, 1359 (Miss.1982). We denied Webb's motion. DISCUSSION OF LAW As this Court articulated in Monaghan v. Blue Bell, Inc., 393 So.2d 466 (Miss.1980): Cases in which an actual controversy existed at trial but the controversy has expired at the time of review, become m......