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TRI-COUNTY CONCRETE PRODUCTS, INC. v. LOWER

No. 3D08-114.

992 So.2d 372 (2008)

TRI-COUNTY CONCRETE PRODUCTS, INC., a Florida corporation, Appellant, v. Michael LOWER, Appellee.

District Court of Appeal of Florida, Third District.

October 8, 2008.

Attorney(s) appearing for the Case

Wampler Buchanan Walker Chabrow Banciella & Stanley, P.A., Joseph R. Buchanan, and Ricardo A. Banciella, Miami, for appellant.

Greenspoon Marde, P.A., and Mitchell D. Adler, Fort Lauderdale, for appellee.

Before GERSTEN, C.J., and COPE and SALTER, JJ.

GERSTEN, C.J.

Tri-County Concrete Products, Inc., appeals a final judgment denying declaratory and injunctive relief against Michael Lower for the alleged breach of a non-compete agreement. We affirm the final judgment, but remand for the trial court to strike that portion of the judgment stating that covenants not to compete are narrowly read and construed against restraint of trade or commerce. See § 542.335(1)(h), Fla. Stat. (2006) (prohibiting the...

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