Koontz v. Kovar

District Court of Appeal of Florida

Koontz v. Kovar

451 So. 2d 1023, 1984 Fla. App. LEXIS 13728

CourtDistrict Court of Appeal of Florida

DecidedJune 21, 1984

DocketNo. AW-20

StatusPublished

This text of 451 So. 2d 1023 (Koontz v. Kovar) 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

Koontz v. Kovar, 451 So. 2d 1023, 1984 Fla. App. LEXIS 13728 (Fla. Ct. App. 1984).

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Opinion

PER CURIAM.

This cause is before us on appeal from a final judgment in favor of appellee, holding that, although appellee was at fault in breaching the terms of the contract between the parties and in violation of the covenant not to compete, the covenant not to compete was unreasonable as to time and area. The reasonableness of the covenant not to compete was not raised by the parties as an issue at trial, nor was it tried by express or implied consent. Tomasello, Inc. v. Ce Los Santos, 394 So.2d 1069 (Fla. 4th DCA 1981).

Accordingly, the judgment, to the extent dependent upon that determination, is reversed and the cause remanded for such further proceedings in accordance herewith as may be required to carry out the agreement between the parties.

ERVIN, C.J., and BOOTH and WENT-WORTH, JJ., concur.

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PER CURIAM.

This cause is before us on appeal from a final judgment in favor of appellee, holding that, although appellee was at fault in breaching the terms of the contract between the parties and in violation of the covenant not to compete, the covenant not to compete was unreasonable as to time and area. The reasonableness of the covenant not to compete was not raised by the parties as an issue at trial, nor was it tried by express or implied consent. Tomasello, Inc. v. Ce Los Santos, 394 So.2d 1069 (Fla. 4th DCA 1981).

Accordingly, the judgment, to the extent dependent upon that determination, is reversed and the cause remanded for such further proceedings in accordance herewith as may be required to carry out the agreement between the parties.

ERVIN, C.J., and BOOTH and WENT-WORTH, JJ., concur.

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451 So. 2d 1023, 1984 Fla. App. LEXIS 13728, Counsel Stack Legal Research, https://law.counselstack.com/opinion/koontz-v-kovar-fladistctapp-1984.

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