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OMI INC. v. NIEVES-GARCIA

No. 3D02-816.

826 So.2d 415 (2002)

OPEN MAGNETIC IMAGING, INC., Appellant, v. Myrta NIEVES-GARCIA, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 9, 2002.

Attorney(s) appearing for the Case

Fine & Martinez, P.A. and Juan C. Martinez; Mario R. Delgado, Miami, for appellant.

Robert M. Mayer, for appellee.

Before LEVY, GERSTEN, and GREEN, JJ.

PER CURIAM.

Open Magnetic Imaging, Inc. ("OMI") appeals the denial of its motion for temporary injunction which sought to enjoin its former employee, Myrta Nieves-Garcia, from working for one of its competitors pursuant to the terms of a non-compete provision contained in its employment agreement. OMI asserts, and we agree, that the lower court abused its discretion when it found the non-compete provision to be unenforceable. For the reasons which follow, on remand...

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