ROGER STREHLOW AND MICHAEL D. BUTTELMAN, APPELLANTS,
v.
LEGEND EQUITIES CORPORATION, APPELLEE
PER CURIAM.
We reverse a temporary injunction that enforces the non-solicitation clauses of the appellants’ sales representative contracts. When the appellants signed the contracts in 1989, they worked for a different company. The contracts were assigned to the appellee when it purchased the business. The. appellants never consented to the assignment.
Under Florida law, a contract for personal services is not assignable absent consent, and a covenant that restricts competition after termination of such a contract is unenforceable by the assignee unless the party who is burdened by the restriction agrees. See Johnston v. Dockside Fueling of No. America, Inc., 658 So. 2d 618 (Fla. 3d DCA 1995); Schweiger v. Hoch, 223 So. 2d 557 (Fla. 4th DCA 1969). We decline to revisit Schiveiger as the appellee asks. We find the reasoning and the result in that case to be sound.
REVERSED AND REMANDED.
FARMER, GROSS and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Corporate Express Off. Prods., Inc. v. Phillips, 847 So. 2d 406 (Fla. 2003)…corporation. The Third District cited Schweiger with approval and held that the employee’s continued employment with the new corporation was insufficient to constitute consent to the assignment. See id. at 619. In Strehlow v. Legend Equities Corp., 727 So. 2d 1076 (Fla. 4th DCA 1999), the Fourth District relied on Schweiger and Johnston in reversing a temporary injunction enforcing nonsolicitation clauses of the appellants’ sales representative contracts, signed in 1989 “[w]hen ... they worked for a different…
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Phillips v. Corporate Express Off. Prods., Inc., 800 So. 2d 618 (Fla. 5th DCA 2001)…sor corporation sought to enforce a non-compete agreement against the employee, who had remained with the company throughout these changes, but subsequently left to compete against it. The trial court found, citing Strehlow v. Legend Equities Corp., 727 So. 2d 1076 (Fla. 4th DCA 1999), Johnston, and Schweiger, that the surviving corporation had “no rights in the contract” since personal services are “not assignable by either party absent express consent.” On appeal, the successor corporation relied on Sears Te…
Authorities Cited
- Schweiger v. Hoch, 223 So. 2d 557 (Fla. 4th DCA 1969)
- Johnston v. Dockside Fueling OF N. Am., Inc., 658 So. 2d 618 (Fla. 3d DCA 1995)