CARL F. WHITE, APPELLANT,
v.
DONALD G. ALLEN, J. RICHARD GRAVES, JR., GEORGE W. ELSTON, JR., AND IRA MCALPIN, JR., APPELLEES
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The term 'business' in exceptions to the statute prohibiting contracts in restraint of trade includes professions or trades, making such contracts permissible in those contexts.
The case involves contracts in restraint of trade, specifically concerning whether the exceptions to F.S.1967, Section 542.12, F.S.A., apply to profes…
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We affirm and in so doing hold that the term “business” as used in the exceptions to F.S.1967, Section 542.12, F.S.A., which prohibits contracts in restraint of trade, also includes a profession or trade. Thus, the various contracts in restraint of trade allowed under the exceptions to F.S.1967, Section 542.12, F.S.A., are also permissible when used in professions or trades.
The basis of our reasoning is the same as that found in Judge Mann’s dissenting opinion in Akey v. Murphy, Fla.App.1969, 229 So.2d 276. We find support of our opinion in the interpretation given the term “business” as used in F.S.1967, Section 48.181, F.S.A., in the case of DeVaney v. Rumsch, Fla.1969, 228 So.2d 904.
We are aware that this decision conflicts with Akey v. Murphy, Fla.App.1969, 229 So.2d 276; and Bergh v. Stephens, Fla.App.1965, 175 So.2d 787, and are willing *767to certify it on proper application as a decision passing on a question of great public interest.
Affirmed.
WALDEN, REED and OWEN, JJ., concur.
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Akey v. Murphy, 238 So. 2d 94 (Fla. 1970)…on of the District Court of Appeal, Second District, in Akey v. Murphy, Fla.App.1970, 229 So. 2d 276. Because of a conflict on the same point of law with the decision of the District Court of Appeal, Fourth District, in White v. Allen, Fla.App.1970, 232 So. 2d 766, we issued the writ. The controversial point has to do with the interpretation of Subsection (3) -of Section 542.12, Fla.Stat.1969, F.S.A. This statute was enacted in 1953, as Chapter 28048, Laws of Florida, Acts of 1953, to provide generally that…1 / 2
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Hunter v. N. Am. Biologicals, Inc., 287 So. 2d 726 (Fla. 4th DCA 1974)…e argues that the blood plasma business is, in fact, a “profession” and therefore the provisions of paragraph (2) of the subject statute are inapplicable. We disagree. White v. Allen, Fla.1970, 240 So. 2d 635, affirming White v. Allen, Fla.App.1970, 232 So. 2d 766, and Akey v. Murphy, Fla.1970, 238 So. 2d 94. Second, appellant argues that since the agreement fails to specify any geographical area to which it is applicable, the agreement is so vague and broad as to be void and unenforceable. We disagree. Flam…
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White v. Allen, 240 So. 2d 635 (Fla. 1970)…opinion and the conflicting decision of the Second District has been quashed, the writ of certiorari heretofore issued is discharged. It is so ordered. ERVIN, C. J., CARLTON and BOYD, JJ-, and LEAVENGOOD, Circuit Judge, concur. . White v. Allen, 232 So. 2d 766 (4th Dist.Ct.App.Fla.1970). . 229 So. 2d 276 (2nd Dist.Ct.App.Fla.1969). . Akey v. Murphy, 238 So. 2d 94 (Fla.1970).…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- DeVANEY v. Bernard J. Rumsch, M.D., 228 So. 2d 904 (Fla. 1969)
- Bergh v. Hinson L. Stephens, 175 So. 2d 787 (Fla. 1st DCA 1965)
- Baker v. Novel Baker and his wife, 229 So. 2d 276 (Fla. 1st DCA 1969)
- Akey v. Murphy, 229 So. 2d 276 (Fla. 2d DCA 1969)