LEE v. PINSKY

Nos. 4D04-137, 4D04-718.

895 So.2d 1187 (2005)

Spencer D. LEE, M.D., Appellant, v. Mark A. PINSKY, M.D., P.A., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 6, 2005.


Attorney(s) appearing for the Case

Elliot H. Scherker and Julissa Rodriguez of Greenberg Traurig, P.A., Miami and Gary M. Dunkel of Greenberg Traurig, P.A., West Palm Beach, for appellant.

William H. Pincus of William H. Pincus, Attorney at Law, West Palm Beach, for appellee.


PER CURIAM.

This case involves the granting of a temporary injunction as a prelude to the enforcement of a non-compete clause in an employment contract. The employee alleges that the employer materially breached the contract thereby making the clause unenforceable. We agree with the employee that under these facts there is substantial evidence that the employer breached the agreement and therefore, the trial court erred in granting the temporary injunction.

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