Advanced Systems Design, Inc. v. Felton

District Court of Appeal of Florida

Advanced Systems Design, Inc. v. Felton

790 So. 2d 1268, 2001 Fla. App. LEXIS 11400, 2001 WL 909316

CourtDistrict Court of Appeal of Florida

DecidedAugust 14, 2001

DocketNo. 1D00-2875

StatusPublished

This text of 790 So. 2d 1268 (Advanced Systems Design, Inc. v. Felton) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Advanced Systems Design, Inc. v. Felton, 790 So. 2d 1268, 2001 Fla. App. LEXIS 11400, 2001 WL 909316 (Fla. Ct. App. 2001).

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Opinion

PER CURIAM.

This appeal arises out of an action for breach of an agreement-not-to-compete. It is the third appearance of this dispute in this court. See Advanced Systems Design, Inc. v. Strawn, 689 So.2d 413 (Fla. 1st DCA 1997); and Strawn v. Advanced Systems Design, Inc., 737 So.2d 1083 (Fla. 1st DCA 1999). Because a genuine issue of material fact existed as to the cause of appellant’s claimed damages and because the record supports the jury’s conclusion that Advanced Systems Design, Inc., did not establish by a preponderance of the evidence that it had incurred damages as a [1269]*1269result of the actions of appellee, Charles Felton, we affirm the trial court’s denial of appellant’s motion for summary judgment, motion for directed verdict and motion for new trial. See Roberts & Roberts, Inc. v. Barnett Bank of Tallahassee, N.A., 707 So.2d 386 (Fla. 1st DCA 1998), and Superior Uniforms, Inc. v. Brown, 211 So.2d 50, 52 (Fla. 3d DCA 1968).

AFFIRMED.

BOOTH, MINER and VAN NORTWICK, JJ., concur.

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PER CURIAM.

This appeal arises out of an action for breach of an agreement-not-to-compete. It is the third appearance of this dispute in this court. See Advanced Systems Design, Inc. v. Strawn, 689 So.2d 413 (Fla. 1st DCA 1997); and Strawn v. Advanced Systems Design, Inc., 737 So.2d 1083 (Fla. 1st DCA 1999). Because a genuine issue of material fact existed as to the cause of appellant’s claimed damages and because the record supports the jury’s conclusion that Advanced Systems Design, Inc., did not establish by a preponderance of the evidence that it had incurred damages as a [1269]*1269result of the actions of appellee, Charles Felton, we affirm the trial court’s denial of appellant’s motion for summary judgment, motion for directed verdict and motion for new trial. See Roberts & Roberts, Inc. v. Barnett Bank of Tallahassee, N.A., 707 So.2d 386 (Fla. 1st DCA 1998), and Superior Uniforms, Inc. v. Brown, 211 So.2d 50, 52 (Fla. 3d DCA 1968).

AFFIRMED.

BOOTH, MINER and VAN NORTWICK, JJ., concur.

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Bluebook (online)

790 So. 2d 1268, 2001 Fla. App. LEXIS 11400, 2001 WL 909316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/advanced-systems-design-inc-v-felton-fladistctapp-2001.

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