EDMUND BURBACH v. MOTORSPORTS OF CONYERS, LLC D/B/A FALCONS FURY HARLEY-DAVIDSON

• Court: Court of Appeals of Georgia
• Decided: January 31, 2024
• Docket: A21A1420
• Status: Published

Opinion

SECOND DIVISION MILLER, P. J., HODGES and WATKINS, JJ.

NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed. https://www.gaappeals.us/rules

January 31, 2024

In the Court of Appeals of Georgia A21A1420. BURBACH v. MOTORSPORTS OF CONYERS, LLC d/b/a FALCONS FURY HARLEY-DAVIDSON et al.

WATKINS, Judge.

In Burbach v. Motorsports of Conyers, 363 Ga. App. 188, 190-193 (1) (871 SE2d

63) (2022), this court reversed the trial court’s application of Florida law to restrictive

covenants between Edmund Burbach and his former employer upon holding, inter

alia, that the covenants were unreasonable and, thus, violated Georgia public policy.

The Supreme Court of Georgia granted certiorari and clarified the standard which

should currently govern the analysis of restrictive covenants containing a foreign

choice-of-law provision. Motorsports of Conyers, LLC v. Burbach, 317 Ga. 206, 209-217

(2) (892 SE2d 719) (2023). We therefore vacate our earlier opinion in its entirety, adopt the Supreme Court

of Georgia’s opinion as our own, vacate the judgment of the trial court, and remand

the case for further proceedings consistent with the Supreme Court of Georgia’s

opinion.

Judgment vacated and case remanded with direction. Miller, P. J., and Hodges, J.,

concur.