Lebioda v. Gastroenterology Group

District Court of Appeal of Florida

Lebioda v. Gastroenterology Group

544 So. 2d 242, 14 Fla. L. Weekly 1044, 1989 Fla. App. LEXIS 2166, 1989 WL 41199

CourtDistrict Court of Appeal of Florida

DecidedApril 27, 1989

DocketNo. 88-1718

StatusPublished

Cited by2 cases

This text of 544 So. 2d 242 (Lebioda v. Gastroenterology Group) 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.

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Lebioda v. Gastroenterology Group, 544 So. 2d 242, 14 Fla. L. Weekly 1044, 1989 Fla. App. LEXIS 2166, 1989 WL 41199 (Fla. Ct. App. 1989).

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Opinion

DANIEL, Judge.

David Lebioda, M.D., and David Lebioda, M.D., P.A., appeal an order granting a preliminary injunction to the Gastroenterology Group and others which enforced a non-compete provision in Dr. Lebioda’s employment agreement with the Group. We agree with Dr. Lebioda that the abbreviated hearing at which he was not allowed to present all his witnesses in his defense denied him due process of law. See generally Florida State Society of Homeopathic Physicians v. Florida Department of Professional Regulation, 487 So.2d 374 (Fla. 5th DCA 1986); Empire Pontiac Center v. General Motors Acceptance Corporation, 322 So.2d 927 (Fla. 4th DCA 1975). Accordingly we reverse and remand for further proceedings. Because of resolution of this issue, we do not address the second point raised by Dr. Lebioda on appeal.

REVERSED and REMANDED.

ORFINGER and COWART, JJ., concur.

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DANIEL, Judge.

David Lebioda, M.D., and David Lebioda, M.D., P.A., appeal an order granting a preliminary injunction to the Gastroenterology Group and others which enforced a non-compete provision in Dr. Lebioda’s employment agreement with the Group. We agree with Dr. Lebioda that the abbreviated hearing at which he was not allowed to present all his witnesses in his defense denied him due process of law. See generally Florida State Society of Homeopathic Physicians v. Florida Department of Professional Regulation, 487 So.2d 374 (Fla. 5th DCA 1986); Empire Pontiac Center v. General Motors Acceptance Corporation, 322 So.2d 927 (Fla. 4th DCA 1975). Accordingly we reverse and remand for further proceedings. Because of resolution of this issue, we do not address the second point raised by Dr. Lebioda on appeal.

REVERSED and REMANDED.

ORFINGER and COWART, JJ., concur.

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544 So. 2d 242, 14 Fla. L. Weekly 1044, 1989 Fla. App. LEXIS 2166, 1989 WL 41199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lebioda-v-gastroenterology-group-fladistctapp-1989.

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