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INTERMOUNTAIN EYE AND LASER CENTERS v. MILLER

No. 31058.

127 P.3d 121 (2005)

142 Idaho 218

INTERMOUNTAIN EYE AND LASER CENTERS, P.L.L.C., Plaintiff-Appellant, v. Mark MILLER, M.D., Defendant-Respondent.

Supreme Court of Idaho, Boise, September 2005 Term.

December 20, 2005.

Attorney(s) appearing for the Case

Eberle, Berlin, Kading, Turnbow, McKlveen & Jones, Chartered, Boise, Idaho, for appellant. Warren E. Jones argued.

Holland & Hart, LLP, Boise, Idaho for respondent. Amanda K. Brailsford argued.

JONES, Justice.

Intermountain Eye and Laser Centers sued Dr. Mark Miller in October 2003 contending the doctor breached the terms of a "post-termination competition" provision in the parties' employment agreement. After the parties filed cross-motions for summary judgment the district court ruled Dr. Miller did not violate the terms of the non-compete provision because the non-compete period had expired, and, even if it had not, the terms of the non-compete provision...

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