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AMERICA II ELECTRONICS INC. v. SMITH

No. 2D02-1087.

830 So.2d 906 (2002)

AMERICA II ELECTRONICS, INC., Appellant, v. Joel SMITH, Appellee.

District Court of Appeal of Florida, Second District.

November 20, 2002.

Attorney(s) appearing for the Case

Raymond T. Elligett, Jr. of Schropp, Buell & Elligett, Tampa, Richard E. Fee of Ganther & Fee, P.A., Tampa, and Richard C. McCrea, Jr. and Melanie J. LaFond of Zinober & McCrea, P.A., Tampa, for Appellant.

Peter M. Walsh of Peter M. Walsh & Associates, P.A., St. Petersburg, and Michael J. Keane and Brandon S. Vesely of Keane, Reese & Vesely, P.A., St. Petersburg, for Appellee.

NORTHCUTT, Judge.

America II Electronics, Inc. sought a temporary injunction against its former employee, Joel Smith, to enforce a non-compete agreement. The circuit court denied relief on the ground that America II failed to present evidence that Smith had directly solicited its customers or that America II otherwise would suffer irreparable injury if the injunction was not entered. However, under the law applicable to the dispute, America II was not required to...

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