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H & M HEARING ASSOCIATES, LLC v. NOBILE

No. 2D06-2184.

950 So.2d 501 (2007)

H & M HEARING ASSOCIATES, LLC, Appellant, v. John A. NOBILE and Deborah Leasure d/b/a Clarity Hearing Center, Appellees.

District Court of Appeal of Florida, Second District.

March 2, 2007.

Attorney(s) appearing for the Case

Kenneth N. Johnson, Stanley D. Klett, Jr., and John T. Mulhall III of Rutherford Mulhall, P.A., Palm Beach Gardens, for Appellant.

Karl C. Landsteiner of Karl C. Landsteiner, P.A., Fort Myers, for Appellee John A. Nobile.

No appearance for Appellee Deborah Leasure d/b/a Clarity Hearing Center.

SILBERMAN, Judge.

H & M Hearing Associates, LLC (H & M), appeals a nonfinal order denying its motion for temporary injunction regarding a covenant not to compete with its former employee, John A. Nobile (Nobile). Because the trial court failed to address an issue raised by H & M, we reverse and remand for the trial court to resolve the issue.

In November 2003, Nobile sold his hearing aid business to H & M for $250,000. The asset purchase agreement...

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