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SUN GROUP ENTERPRISES, INC. v. DEWITTE

No. 5D04-685.

890 So.2d 410 (2004)

SUN GROUP ENTERPRISES, INC., etc., Appellant, v. Paul J. DeWITTE, Jr., Ronald Koji, et al, Appellee.

District Court of Appeal of Florida, Fifth District.

December 23, 2004.

Attorney(s) appearing for the Case

Allan P. Whitehead of Frese, Nash & Hansen, P.A., Melbourne, for Appellant.

James H. Fallace and Jesse L. Kabaservice of Fallace & Larkin, L.C., Melbourne, for Appellee.

PETERSON, J.

Sun Group Enterprises, ("SGE"), d/b/a Sun Plumbing and Dean's Septic, appeals a non-final order denying injunctive relief and granting a motion to dismiss with prejudice in favor of Paul J. DeWitte, ("DeWitte"), Ronald Koji, ("Koji"), and C.D.S. Plumbing, Inc., ("CDS"), (collectively "Appellees"). SGE contends that Appellees violated a non-compete agreement when after terminating employment with SGE's predecessor company, Sun Plumbing, Inc.,

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