White v. Allen, s. 2585
| Decision Date | 11 March 1970 |
| Docket Number | Nos. 2585,2610,69--74,s. 2585 |
| Citation | 232 So.2d 766 |
| Parties | 1970 Trade Cases P 73,107 Carl F. WHITE, Appellant, v. Donald G. ALLEN, J. Richard Graves, Jr., George W. Elston, Jr., and Ira McAlpin, Jr., Appellees. |
| Court | Florida District Court of Appeals |
William S. Blalock and Herbert A. Langston, Jr., Orlando, for appellant.
Gordon B. Johnston, of Mitchell, sharp & Johnston, and Michael O'Haire, of Smith, Heath, Smith & O'Haire, Vero Beach, for appellees.
We affirm and in so doing hold that the term 'business' as used in the exceptions to F.S.1967, Section 542.12 F.S.A., which prohibits contracts in restraint of trade, also includes a profession or trade. Thus, the various contracts in restraint of trade allowed under the exceptions to F.S.1967, Section 542.12, F.S.A., are also permissible when used in professions or trades.
The basis of our reasoning is the same as that found in Judge Mann's dissenting opinion in Akey v. Murphy, Fla.App.1969, 229 So.2d 276. We find support of our opinion in the interpretation given the term 'business' as used in F.S.1967, Section 48.181, F.S.A., in the case of DeVaney v. Rumsch, Fla.1969, 228 So.2d 904.
We are aware that this decision conflicts with Akey v. Murphy, Fla.App.1969, 229 So.2d 276; and Bergh v. Stephens, Fla.App.1965, 175 So.2d 787, and are willing to certify it on proper application as a decision passing on a question of great public interest.
Affirmed.
To continue reading
Request your trial
-
Akey v. Murphy
...276. Because of a conflict on the same point of law with the decision of the District Court of Appeal, Fourth District, in White v. Allen, Fla.App.1970, 232 So.2d 766, we issued the The controversial point has to do with the interpretation of Subsection (3) of Section 542.12, Fla.Stat.1969,......
-
Miller v. Williams, U--269
...cases of Bergh v. Stephens, Fla.App. (1st) 1965, 175 So.2d 787; Akey v. Murphy, Fla.App. (2) 1970, 229 So.2d 276; White v. Allen, Fla.App. (4th) 1970, 232 So.2d 766 and Akey v. Murphy, Sup.Ct.Fla.1970, 238 So.2d 94. However, none of those cases reach the point here involved. It will be note......
-
Hunter v. North American Biologicals, Inc., 73--70
...of paragraph (2) of the subject statute are inapplicable. We disagree. White v. Allen, Fla.1970, 240 So.2d 635, affirming White v. Allen, Fla.App.1970, 232 So.2d 766, and Akey v. Murphy, Fla.1970, 238 So.2d Second, appellant argues that since the agreement fails to specify any geographical ......
-
White v. Allen, 39598
...issued is discharged. It is so ordered. ERVIN, C.J., CARLTON and BOYD, JJ., and LEAVENGOOD, Circuit Judge, concur. 1 White v. Allen, 232 So.2d 766 (4th Dist.Ct.App.Fla.1970).2 229 So.2d 276 (2nd Dist.Ct.App.Fla.1969).3 Akey v. Murphy, 238 So.2d 94 ...