ADLER CONSULTING CORPORATION, A FLORIDA CORPORATION AND ELLIOTT ADLER, INDIVIDUALLY, APPELLANTS,
v.
EXECUTIVE LIFE INSURANCE COMPANY, A CALIFORNIA CORPORATION, JEROME SCHWARTZ AND HAROLD J. BROOKS, APPELLEES

Fla. 3d DCA | 1986-02-18
No. 85-1193
Before SCHWARTZ, C.J., and BARK-DULL and JORGENSON, JJ.
483 So. 2d 501 Florida District Court of Appeal, Third District (1986) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

A competitor has no standing to enforce the licensing provisions of the statutes of this state. See 53 C.J.S., Licenses § 6 p. 466; Compare Mercer v. Hemmings, 194 So. 2d 579, 583 (Fla.1966).

A contract terminable “at will” cannot be the subject of tortious interference where said interference is lawful competition. Unistar Corporation v. Child, 415 So. 2d 733 (Fla. 3d DCA 1982); Wackenhut Corporation v. Maimone, 389 So. 2d 656 (Fla. 4th DCA 1980); Lake Gateway Motor Inn, Inc. v. Matt’s Sunshine Gift Shops, Inc., 361 So. 2d 769 (Fla. 4th DCA 1978). Therefore we find no error in the summary judgment under review and affirm.

Affirmed.


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  • Jones v. Sterile Prods. Corp., 572 So. 2d 519 (Fla. 5th DCA 1990)
    …self to the required elements for the tort of tortious interference with a business relationship. See Heavener Ogier Services, Inc. v. R.W. Florida Region, Inc., 418 So. 2d 1074 (Fla. 5th DCA 1982); Adler Consulting Corp. v. Executive Life Ins. Co., 483 So. 2d 501 (Fla. 3d DCA 1986). Under such circumstances we would normally reverse and remand for further proceedings. However, all of appellee’s causes of action against Jones and SAS turn on one legal issue: Does SPC have the right to enforce the noncompete…

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