Strehlow v. Legend Equities Corp.

District Court of Appeal of Florida

Strehlow v. Legend Equities Corp.

727 So. 2d 1076, 1999 Fla. App. LEXIS 1779, 1999 WL 89735

CourtDistrict Court of Appeal of Florida

DecidedFebruary 24, 1999

DocketNo. 98-4092

StatusPublished

Cited by2 cases

This text of 727 So. 2d 1076 (Strehlow v. Legend Equities Corp.) 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

Strehlow v. Legend Equities Corp., 727 So. 2d 1076, 1999 Fla. App. LEXIS 1779, 1999 WL 89735 (Fla. Ct. App. 1999).

Pincite

Opinion

PER CURIAM.

We reverse a temporary injunction that enforces the non-solicitation clauses of the appellants’ sales representative contracts. When the appellants signed the contracts in [1077]*10771989, they worked for a different company. The contracts were assigned to the appellee when it purchased the business. The. appellants never consented to the assignment.

Under Florida law, a contract for personal services is not assignable absent consent, and a covenant that restricts competition after termination of such a contract is unenforceable by the assignee unless the party who is burdened by the restriction agrees. See Johnston v. Dockside Fueling of No. America, Inc., 658 So.2d 618 (Fla. 3d DCA 1995); Schweiger v. Hoch, 223 So.2d 557 (Fla. 4th DCA 1969). We decline to revisit Schiveiger as the appellee asks. We find the reasoning and the result in that case to be sound.

REVERSED AND REMANDED.

FARMER, GROSS and HAZOURI, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

We reverse a temporary injunction that enforces the non-solicitation clauses of the appellants’ sales representative contracts. When the appellants signed the contracts in [1077]*10771989, they worked for a different company. The contracts were assigned to the appellee when it purchased the business. The. appellants never consented to the assignment.

Under Florida law, a contract for personal services is not assignable absent consent, and a covenant that restricts competition after termination of such a contract is unenforceable by the assignee unless the party who is burdened by the restriction agrees. See Johnston v. Dockside Fueling of No. America, Inc., 658 So.2d 618 (Fla. 3d DCA 1995); Schweiger v. Hoch, 223 So.2d 557 (Fla. 4th DCA 1969). We decline to revisit Schiveiger as the appellee asks. We find the reasoning and the result in that case to be sound.

REVERSED AND REMANDED.

FARMER, GROSS and HAZOURI, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

727 So. 2d 1076, 1999 Fla. App. LEXIS 1779, 1999 WL 89735, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strehlow-v-legend-equities-corp-fladistctapp-1999.

Opinion

Related

Cite This Page — Counsel Stack