SOL FISHMAN, M.D., P.A., APPELLANT,
v.
JAMES NEIMAN, M.D., APPELLEE
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PER CURIAM.
We affirm the trial court’s declaratory judgment enforcing, with some modification, the terms of a noncompetition covenant in an employment agreement. Although the parties expressly reserved the severable issue of breach of contract for subsequent resolution by jury, the trial court reached this issue in its declaratory judgment and found that Fishman, P.A., breached the notice of termination provision. We strike the portion of the declaratory judgment that finds a breach of contract because this determination was not necessary in light of the trial court’s resolution of the issues presented in the action for declaratory relief. In so doing, we express no opinion whether the issue of breach could be resolved on summary judgment prior to trial by jury.
Affirmed as modified.
CAMPBELL, A.C.J., and ALTENBERND and QUINCE, JJ., concur.
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Valdes v. Ass'n I.N.E.D., 667 So. 2d 856 (Fla. 3d DCA 1996)…as presented competent, substantial evidence (even though conflicting) that, when considered in a light most favorable to plaintiff, establishes a prima facie case. Tillman v. Baskin, 260 So. 2d 509, 511-12 (Fla.1972); Wygodny v. K-Site 600 Assocs., 644 So. 2d 579, 581 (Fla. 3d DCA 1994); Capital Media, Inc. v. Haase, 639 So. 2d 632, 633 (Fla. 2d DCA 1994); Foster v. City of Gainesville, 579 So. 2d 774, 776 (Fla. 1st DCA 1991); Saporito v. Madras, 576 So. 2d 1342, 1345 (Fla. 5th DCA 1991). At this stage of th…1 / 2
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Hsbc Bank USA v. Fla. Kalanit 770 LLC, 299 So. 3d 450 (Fla. 3d DCA 2020)…a facie case when considered in a light most favorable to the plaintiff. Valdes v. Ass’n I.N.E.D., H.M.O., Inc., 667 So. 2d 856, 856–57 (Fla. 3d DCA 1996) (citing Tillman v. Baskin, 260 So. 2d 509, 511–12 (Fla. 1972); Wygodny v. K–Site 600 Assocs., 644 So. 2d 579, 581 (Fla. 3d DCA 1994); Capital Media, Inc. v. Haase, 639 So. 2d 632, 633 (Fla. 2d DCA 1994); Foster v. City of Gainesville, 579 So. 2d 774, 776 (Fla. 1st DCA 1991); Saporito v. Madras, 576 So. 2d 1342, 1345 (Fla. 5th DCA 1991)). III. ANALYSIS The…