AGS COMPUTER SERVICES, INC., D/B/A AGS INFORMATION SERVICES, INC., A NEW YORK CORPORATION, APPELLANT,
v.
JESUS RODRIGUEZ, APPELLEE
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PER CURIAM.
AGS Computer Services, Inc. [hereinafter AGS] appeals the trial court’s non-final order granting in part and denying in part AGS’s motion for temporary injunction seeking to enforce a covenant not-to- compete. Pursuant to section 542.33, Florida Statutes (Supp.1990), irreparable injury is no longer presumed upon proof of breach of a valid covenant not to compete. Hap-ney v. Central Garage, Inc., 579 So. 2d 127, 133 (Fla. 2d DCA), Rev. denied, 591 So. 2d 180 (Fla.1991). A party seeking to enforce a covenant not-to-compete must plead and prove irreparable injury. Id. n. 4. The trial court correctly found that AGS failed to prove irreparable injury entitling it to enforcement of the covenant in this case. Therefore, we affirm.
AFFIRMED.
ANSTEAD, LETTS and POLEN, JJ„ concur.
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SUN Elastic Corp. v. O.B. Indus., 603 So. 2d 516 (Fla. 3d DCA 1992)…n Hapney v. Central Garage, Inc., 579 So. 2d 127 (Fla.2d DCA 1991), review denied, 591 So. 2d 180 (Fla.1991), that injunctive relief may (and perhaps must) be withheld in an "ordinary" non-compete case. Accord AGS Computer Servs., Inc. v. Rodriguez, 592 So. 2d 801 (Fla. 4th DCA 1992). But see Hapney, 579 So. 2d at 135 (Lehan, A.C.J., dissenting). For the same reason, it is unnecessary to consider the possible consequences of the fact that, in plainly seeking to limit the enforceability of those agreements, t…
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The State Chem. Mfg. Co. v. Lopez, 642 So. 2d 1127 (Fla. 3d DCA 1994)…of the record demonstrates that State Chemical did not prove irreparable injury stemming from Lopez’s employment with a competitor. Jewett Orthopaedic Clinic, P.A. v. White, 629 So. 2d 922 (Fla. 5th DCA 1993); AGS Computer Serv., Inc. v. Rodriguez, 592 So. 2d 801 (Fla. 4th DCA 1992). Hence, the trial court’s denial of the injunction on this ground was proper. For the foregoing reasons, we affirm the portion of the order declining to enjoin Lopez from working for a State Chemical competitor; we reverse the d…
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Authorities Cited
- Hapney v. Cent. Garage, Inc., 579 So. 2d 127 (Fla. 2d DCA 1991)