CAPELOUTO

v.

ORKIN EXTERMINATING CO. OF FLORIDA, INC.

Citator

Cited By (18 total)

• Cordis Corp. v. Prooslin, 482 So. 2d 486 (Fla. 3d DCA 1986)
  …avored status is recognized because money damages for breach of non-competition agreements are either not susceptible to proof with the required degree of certainty, Capelouto v. Orkin Exterminating Co., 183 So. 2d 532, 535 (Fla.), appeal dismissed, 385 U.S. 11, 87 S.Ct. 78, 17 L.Ed.2d 10, reh’g denied, 385 U.S. 964, 87 S.Ct. 390, 17 L.Ed.2d 310 (1966); see Miller Mechanical, Inc. v. Ruth, 300 So. 2d 11, 12 (Fla. 1974), or “if susceptible of reasonable proof, may not compensate for all aspects of such a vi…
• Hapney v. Cent. Garage, Inc., 579 So. 2d 127 (Fla. 2d DCA 1991)
  …da Statutes (1989). As we have noted, no Florida court has addressed the precise issue presented here. Several decisions, however, imply recognition of the rule. In Capelouto v. Orkin Exterminating Co., 183 So. 2d 532, 534 (Fla.), appeal dismissed, 385 U.S. 11, 87 S.Ct. 78, 17 L.Ed.2d 10 (1966), our supreme court addressed the constitutionality of section 542.12 (the predecessor of 542.33), and in upholding the statute, observed: [T]he fact that such contracts may be lawfully made and enforced under the…
• The Twenty Four Collection, Inc. v. Keller, 389 So. 2d 1062 (Fla. 3d DCA 1980)
  …the applicability of the statute nor the enforceability of agreements which come within its terms. Miller Mechanical, Inc. v. Ruth, 300 So. 2d 11 (Fla.1974); Capelouto v. Orkin Exterminating Co. of Fla., 183 So. 2d 532 (Fla.1966), appeal dismissed, 385 U.S. 11, 87 S.Ct. 78,17 L.Ed.2d 10 (1966). Furthermore, it is established law that a court is not empowered to refuse to give effect to such a contract on the basis of a finding, as was the case below, that enforcement of its terms would produce an “unjust…