KOONTZ v. KOVAR

No. AW-20.

451 So.2d 1023 (1984)

Michael D. KOONTZ and Pamela K. Koontz, Appellants, v. John KOVAR, Appellee.

District Court of Appeal of Florida, First District.

June 21, 1984.


Attorney(s) appearing for the Case

Woodburn S. Wesley, Jr. and Michael R. Gates of Cotton, Wesley & Poche, Shalimar, for appellants.

C. LeDon Anchors of Estergren, Fortune, Anchors & Powell, Fort Walton Beach, for appellee.


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...

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