CHERRY, BEKAERT & HOLLAND v. LaSALLE

No. 81-1327.

413 So.2d 436 (1982)

CHERRY, BEKAERT & HOLLAND, Appellant, v. A.L. Patrick LaSALLE, Jr., Appellee.

District Court of Appeal of Florida, Third District.

May 4, 1982.


Attorney(s) appearing for the Case

Murai, Wald & Biondo and Gerald B. Wald, Miami, for appellant.

Blackwell, Walker, Gray, Powers, Flick & Hoehl and James C. Blecke, Miami, for appellee.

Before HENDRY and BASKIN, JJ., and LETTS, GAVIN K., Associate Judge.


BASKIN, Judge.

At the conclusion of a non-jury trial involving the enforceability of LaSalle's covenant not to compete with his former employer, the accounting firm of Cherry, Bekaert & Holland (C, B & H), the court entered judgment in favor of appellee. Finding that the covenant constituted an unreasonable restraint of trade, was predicated upon inadequate consideration and imposed an oppressive penalty, the court refused to enforce or modify the agreement...

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