Strehlow v. Legend Equities Corp.

Florida District Courts of Appeal
Strehlow v. Legend Equities Corp., 727 So. 2d 1076 (1999)
1999 Fla. App. LEXIS 1779; 1999 WL 89735
Farmer, Gross, Hazouri

Strehlow v. Legend Equities Corp.

Opinion of the Court

PER CURIAM.

We reverse a temporary injunction that enforces the non-solicitation clauses of the appellants’ sales representative contracts. When the appellants signed the contracts in *10771989, they worked for a different company. The contracts were assigned to the appellee when it purchased the business. The. appellants never consented to the assignment.

Under Florida law, a contract for personal services is not assignable absent consent, and a covenant that restricts competition after termination of such a contract is unenforceable by the assignee unless the party who is burdened by the restriction agrees. See Johnston v. Dockside Fueling of No. America, Inc., 658 So.2d 618 (Fla. 3d DCA 1995); Schweiger v. Hoch, 223 So.2d 557 (Fla. 4th DCA 1969). We decline to revisit Schiveiger as the appellee asks. We find the reasoning and the result in that case to be sound.

REVERSED AND REMANDED.

FARMER, GROSS and HAZOURI, JJ., concur.

Reference

Full Case Name
Roger STREHLOW and Michael D. Buttelman v. LEGEND EQUITIES CORPORATION
Cited By
2 cases
Status
Published