Gallagher v. Automated Building Components, Inc.

Florida District Courts of Appeal
Gallagher v. Automated Building Components, Inc., 193 So. 2d 445 (1966)
1966 Fla. App. LEXIS 4760
Nathan, Pearson, Raymond, Swann

Gallagher v. Automated Building Components, Inc.

Opinion of the Court

PER CURIAM.

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.

Reference

Full Case Name
Donald E. GALLAGHER v. AUTOMATED BUILDING COMPONENTS, INC., a Florida corporation
Cited By
4 cases
Status
Published