Mederi Caretenders Visiting Services of Southeast Florida, LLC and Almost Family, Inc. v. Elizabeth White

District Court of Appeal of Florida

Mederi Caretenders Visiting Services of Southeast Florida, LLC and Almost Family, Inc. v. Elizabeth White

179 So. 3d 564, 2015 Fla. App. LEXIS 18028, 2015 WL 7752751

CourtDistrict Court of Appeal of Florida

DecidedDecember 2, 2015

Docket4D14-488 and 4D14-2460

StatusPublished

Cited by4 cases

This text of 179 So. 3d 564 (Mederi Caretenders Visiting Services of Southeast Florida, LLC and Almost Family, Inc. v. Elizabeth White) 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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Mederi Caretenders Visiting Services of Southeast Florida, LLC and Almost Family, Inc. v. Elizabeth White, 179 So. 3d 564, 2015 Fla. App. LEXIS 18028, 2015 WL 7752751 (Fla. Ct. App. 2015).

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Opinion

PER CURIAM.

Appellant, a home health care provider, challenges a final summary judgment denying enforcement of a non-compete covenant and dismissing a tortious interference claim on the authority of Florida Hematology & Oncology v. Tummala, 927 So.2d 135 (Fla. 5th DCA 2006). Tummala held that referral sources for. patients in the health care industry were not “legitimate business interests” protectable pursuant to section 542.335, Florida Statutes (2004). Appellant also sought to protect referral sources as business interests in this case.

Recently, in Infinity Home Care, LLC v, Amedisys Holding, LLC, 40 Fla. L. Weekly D1929 (Fla. 4th DCA Aug. 19, 2015), we concluded that referral sources are pro-tectable legitimate interests and that an employment contract containing non-compete and non-solicitation provisions was enforceable. On the authority of Infinity Home Care, we reverse the final summary judgment and remand for further proceedings. As we did in Infinity, we certify conflict with Tummala.

Appellant also appealed an order granting attorney’s fees to appellee in case no. 4D14-2460. We consolidate that case with the main appeal for purposes of disposition. Because we are reversing the main appeal, we also reverse the order awarding attorney’s fees, See River Bridge Carp. v. Am. Somax Ventures, 76 So.3d 986, 989 (Fla. 4th DCA 2011); Viets v. Am. Recruiters Enters., Inc., 922 So.2d 1090, 1096 (Fla. 4th DCA 2006).

Reversed and remmded for further proceedings; conflict certified.

WARNER, STEVENSON and FORST, JJ., concur. .

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PER CURIAM.

Appellant, a home health care provider, challenges a final summary judgment denying enforcement of a non-compete covenant and dismissing a tortious interference claim on the authority of Florida Hematology & Oncology v. Tummala, 927 So.2d 135 (Fla. 5th DCA 2006). Tummala held that referral sources for. patients in the health care industry were not “legitimate business interests” protectable pursuant to section 542.335, Florida Statutes (2004). Appellant also sought to protect referral sources as business interests in this case.

Recently, in Infinity Home Care, LLC v, Amedisys Holding, LLC, 40 Fla. L. Weekly D1929 (Fla. 4th DCA Aug. 19, 2015), we concluded that referral sources are pro-tectable legitimate interests and that an employment contract containing non-compete and non-solicitation provisions was enforceable. On the authority of Infinity Home Care, we reverse the final summary judgment and remand for further proceedings. As we did in Infinity, we certify conflict with Tummala.

Appellant also appealed an order granting attorney’s fees to appellee in case no. 4D14-2460. We consolidate that case with the main appeal for purposes of disposition. Because we are reversing the main appeal, we also reverse the order awarding attorney’s fees, See River Bridge Carp. v. Am. Somax Ventures, 76 So.3d 986, 989 (Fla. 4th DCA 2011); Viets v. Am. Recruiters Enters., Inc., 922 So.2d 1090, 1096 (Fla. 4th DCA 2006).

Reversed and remmded for further proceedings; conflict certified.

WARNER, STEVENSON and FORST, JJ., concur. .

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179 So. 3d 564, 2015 Fla. App. LEXIS 18028, 2015 WL 7752751, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mederi-caretenders-visiting-services-of-southeast-florida-llc-and-almost-fladistctapp-2015.

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