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FISHMAN v. NEIMAN

No. 94-01448.

644 So.2d 579 (1994)

Sol FISHMAN, M.D., P.A., Appellant, v. James NEIMAN, M.D., Appellee.

District Court of Appeal of Florida, Second District.

October 19, 1994.

Attorney(s) appearing for the Case

Hugh N. Smith and Audrey L. Hildes of Smith & Fuller, P.A., Tampa, for appellant.

William S. Josey and Catherine A. Kyres of Alpert, Josey & Hughes, P.A., Tampa, for appellee.

PER CURIAM.

We affirm the trial court's declaratory judgment enforcing, with some modification, the terms of a noncompetition covenant in an employment agreement. Although the parties expressly reserved the severable issue of breach of contract for subsequent resolution by jury, the trial court reached this issue in its declaratory judgment and found that Fishman, P.A., breached the notice of termination provision. We strike the portion of the declaratory judgment...

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