ARNOLD B. BRAUN, APPELLANT,
v.
RYDER SYSTEMS, INC., APPELLEE
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Braun, a 17-year employee of Ryder Systems, challenges a summary judgment in a breach of employment contract action. The court reverses, finding genuine issues of material fact regarding whether Ryder Systems agreed to modify a noncompetition clause and whether Braun relied on that alleged modification.
Summary judgment was improper because genuine issues of material fact exist regarding the alleged modification of the noncompetition agreement, Braun's reliance on the oral modification, and whether Braun kept a 'low profile' as allegedly required.
[1] A party moving for summary judgment bears the burden of conclusively demonstrating the absence of a genuine issue of material fact.
[2] If the record reflects the existence of genuine issues of material fact, or raises the slightest doubt in that regard, summary judgment must be reversed.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In moving for a summary judgment, the moving party has the burden of conclusively showing the absence of a genuine issue of a material fact. If the existence of such issues or the possibility of their existence is reflected in the record, or the record raises the slightest doubt in this respect, the summary judgment must be reversed.”
Establishes the legal standard for summary judgment review and the heavy burden on the moving party to eliminate all material factual disputes.
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Join FLexlaw to unlock all legal intelligenceBraun was employed by Ryder Systems for 17 years and entered into a consulting agreement with a noncompetition clause in November 1975, running until …
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BARKDULL, Judge.
Appellant, plaintiff in the trial court, seeks review of a summary final judgment in favor of Ryder Systems, Inc., entered by the trial court in an action for breach of an employment contract. We reverse.
The basic facts upon which the summary judgment was entered shows that the plaintiff, Arnold Braun, was an employee of Ryder Systems, Inc. for a period of 17 years. On November 14, 1975, Braun entered into a consulting agreement with Ryder Systems, which contained a noncompetition agreement. The consulting agreement was to ultimately run until February 28, 1979. Shortly after entering this agreement Mr. Braun began working for James R. Ryder, the founder of Ryder Systems, Inc., in a personal capacity. On June 6, 1978, James A. Ryder severed all ties with Ryder Systems, Inc., and was released from his agreement not to compete. At that time Braun expressed concern to Ryder Systems, Inc., Chief Executive officer and its general counsel1 about what effect the release of James A. Ryder would have on his consulting agreement with Ryder Systems, Inc., and its noncompetition clause because of his affiliation with James A. Ryder. Thereafter, Ryder Systems’ general counsel informed Braun everything would be alright as long as Braun kept a “low profile”. In reliance thereon Braun continued to work for James A. Ryder keeping what he believed to be a “low profile”. During this period Braun was named as director of Jartran, a new and competing company formed by James A. Ryder. On September 26, 1978, Ryder Systems, Inc. terminated Braun’s consulting agreement.
In moving for a summary judgment, the moving party has the burden of conclusively showing the absence of a genuine issue of a material fact. If the existence of such issues or the possibility of their existence is reflected in the record, or the record raises the slightest doubt in this respect, the summary judgment must be reversed. Furlong v. First National Bank of Hialeah, 329 So. 2d 406 (Fla. 3d DCA 1976); Williams v. Florida Realty & Management Co., 272 So. 2d 176 (Fla. 3d DCA 1973).
The pleadings, depositions and affidavits in the instant case clearly show that the defendant has failed to meet this burden because there is a genuine issue of a material fact as to whether or not Ryder Systems, Inc., agreed to a modification of the noncompetition agreement if Braun kept a “low profile;” whether or not Braun changed his position in reliance on this oral modification; and whether or not Braun actually kept a “low profile” before the termination. Therefore, the summary final judgment appealed herein is hereby reversed.
Reversed and remanded.
. Mr. James M. Herron is both general counsel and Executive Vice-President of Ryder Systems, Inc.
FERGUSON, Judge
(dissenting)
For the sake of argument I would agree with the majority that “there is a genuine issue of a material fact as to whether or not Ryder Systems, Inc., agreed to a modification of the noncompetition agreement”. But that determination is not dispositive of the case. If there were no valid modification of the agreement, appellant loses because he has unquestionably accepted employment with appellee’s competitor. If there were a valid modification whereby employment with a competitor would not, per se, be considered a breach of the agreement, we would further have to consider part two of the modified agreement, i.e., whether in the employ of James A. Ryder, appellant maintained a “low profile”. In light of facts relative to the second point, summary judgment was still appropriate.
It is clear from the record, and beyond dispute, that appellant, contrary to his promise to maintain a “low profile”, in fact maintained an extremely “high profile” in Mr. Ryder’s competitive efforts — in breach of the agreement as modified. Not only was appellant named one of three officers of the competing Jartran corporation, he also traveled extensively with Mr. Ryder in seeking new business opportunities and personnel, in direct and open competition with appellee.
I would affirm.
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Russo v. Ross, 545 So. 2d 460 (Fla. 3d DCA 1989)…f genuine issues of material fact or raises even the slightest reasonable doubt regarding such issues, Holl v. Talcott, 191 So. 2d 40 (Fla.1966); Monroe County v. New Port Largo, Inc., 441 So. 2d 173 (Fla. 3d DCA 1983); Braun v. Ryder Systems, Inc., 430 So. 2d 567 (Fla. 3d DCA 1983), and (2) that the moving party has the burden of conclusively showing the absence of such issues, Wills v. Sears, Roebuck & Co., 351 So. 2d 29 (Fla.1977); Florida East Coast Ry. v. Metropolitan Dade County, 438 So. 2d 978 (Fla. 3d…
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Monroe Cnty. v. NEW Port Largo, Inc., 441 So. 2d 173 (Fla. 3d DCA 1983)…developing the landing strip. It is axiomatic that a summary judgment may not be entered if the record reflects the existence of genuine issues of material fact or raises even the slightest doubt regarding such issues. Braun v. Ryder Systems, Inc., 430 So. 2d 567 (Fla. 3d DCA 1983); Dobbs v. Doblitz, 425 So. 2d 1207 (Fla. 4th DCA 1983). Finding that the record discloses the existence of issues of material fact surrounding the purchase and development of the Port Largo Airport property, we hold that the trial…
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Bankers Life Co. v. Treasure Coast Towers, Ltd., 499 So. 2d 15 (Fla. 3d DCA 1986)…We reverse the Final Summary Judgment and remand the cause to the trial court for further proceedings. We hold that genuine issues of material fact remain; appellee failed to rebut appellant’s affirmative defenses. See Braun v. Ryder Systems, Inc., 430 So. 2d 567 (Fla. 3d DCA 1983); Furlong v. First National Bank of Hialeah, 329 So. 2d 406 (Fla. 3d DCA), cert. denied, 341 So. 2d 291 (Fla.1976); Williams v. Florida Realty & Management Co., 272 So. 2d 176 (Fla. 3d DCA 1973). Reversed and remanded.…
Authorities Cited
- Williams v. Fla. Realty & Mgmt. Co., 272 So. 2d 176 (Fla. 3d DCA 1973)
- Furlong v. First Nat'l Bank OF Hialeah, 329 So. 2d 406 (Fla. 3d DCA 1976)