Gallagher v. Automated Building Components, Inc.

District Court of Appeal of Florida

Gallagher v. Automated Building Components, Inc.

193 So. 2d 445, 1966 Fla. App. LEXIS 4760

CourtDistrict Court of Appeal of Florida

DecidedDecember 13, 1966

DocketNo. 66-968

StatusPublished

Cited by4 cases

This text of 193 So. 2d 445 (Gallagher v. Automated Building Components, Inc.) 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

Gallagher v. Automated Building Components, Inc., 193 So. 2d 445, 1966 Fla. App. LEXIS 4760 (Fla. Ct. App. 1966).

Pincite

Opinion

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.

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