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USI INS. SERVICES OF FLORIDA, INC. v. PETTINEO

No. 4D08-303.

987 So.2d 763 (2008)

USI INSURANCE SERVICES OF FLORIDA INC., Appellant, v. Frank PETTINEO, Pettineo Insurance Agency, Inc., a Florida Corporation, Dawn Matricardi and Carl Sallade, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 29, 2008.

Attorney(s) appearing for the Case

Christopher N. Bellows, Rodolfo Sorondo, Jr., and Marilyn J. Holifield of Holland & Knight, LLP, Miami, for appellant.

James E. Zloch of Wicker, Smith, O'Hara, McCoy & Ford, P.A., Fort Lauderdale, for appellees Frank Pettineo and Pettineo Insurance Agency, Inc.

Martin B. Woods of Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, P.A., Fort Lauderdale, for appellees Dawn Matricardi and Carl Sallade.

MAY, J.

The buyer of an insurance agency appeals an order denying its request for a temporary injunction to enforce a non-compete agreement. It argues the trial court relied upon the wrong version of the applicable statute and case law that pre-dated the statute's amendment of July 1, 1996, to reach its decision. We agree and reverse.

The seller and primary focus of the injunctive relief sold his insurance agency...

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