INPHYNET CONTRACTING SERVICES v. SORIA

No. 4D09-4731.

77 So.3d 776 (2011)

INPHYNET CONTRACTING SERVICES, INC., Appellant, v. David M. SORIA, M.D., an individual, Emergency Specialists of Wellington, LLC, a Florida limited liability company and Medical Edge Healthcare Group, Inc., a Texas corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 10, 2012.


Attorney(s) appearing for the Case

Beverly A. Pohl , Peter R. Goldman and Vanessa M. Serrano of Broad and Cassel, Fort Lauderdale and Major Best Harding of Ausley & McMullen, P.A., Tallahassee, for appellant.

Glenn J. Waldman and Douglas T. Marx of Waldman, Trigoboff, Hildebrandt, Marx & Calnan, P.A., Weston, for appellees.


May, C.J.

After a long and tortured litigation history, the plaintiff appeals a final summary judgment in an action seeking to enforce a noncompete provision. It argues, among other issues, that the trial court erred in entering summary judgment as genuine issues of material fact remain. We agree and reverse.

The plaintiff filed an action against one of its former employees and a competing company, seeking to enforce a noncompete provision and damages. The...

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