ATKINS v. LITSINGER

No. 87-759.

513 So.2d 178 (1987)

Susan ATKINS, Individually and D/B/a Susanna Ray, Appellant, v. Stanley LITSINGER and Susan Litsinger, Appellees.

District Court of Appeal of Florida, Second District.

September 4, 1987.


Attorney(s) appearing for the Case

Gerald W. Pierce of Henderson, Franklin, Starnes & Holts, P.A., Fort Myers, for appellant.

Theodore L. Tripp, Jr., of Garvin & Tripp, P.A., Fort Myers, for appellees.


FRANK, Judge.

The appellant, Susan Atkins, owned a women's clothing boutique named "Oh' Susanna" located on Sanibel Island, Florida. She sold the store to the appellees, the Litsingers, pursuant to a contract containing the following language:

"Seller agrees not to directly or indirectly compete with Purchasers in the operation of a clothing and accessory boutique on Sanibel Island, Florida for a period of five (5) years from date of closing, except Seller...

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