DATA SUPPLIES, INC., A GEORGIA CORPORATION, APPELLANT,
v.
LOUIS E. COWART, APPELLEE

Fla. 2d DCA | 1970-11-13
No. 70-129
HOBSON, C. J., and LILES, J., concur.
240 So. 2d 829 Florida District Court of Appeal, Second District (1970) Positive Treatment
Cited by 8 cases

Opinion of the Court
MANN, Judge.

MANN, Judge.

The trial judge held that the contract not to engage in a competing business within a reasonable area for a reasonable time was valid but refused to enjoin Cowart from violating his agreement. Fla.Stat. § 542.12, F.S.A. (1969). The establishment of a legal right carries with it a duty on the judge’s part to grant an appropriate remedy. See Akey v. Murphy, Fla.1970, 238 So.2d 94, 95.

Reversed and remanded.

HOBSON, C. J., and LILES, J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Miller Mech., Inc. v. Ruth, 300 So. 2d 11 (Fla. 1974)
    …e Court on a petition for writ of certiorari directed to the decision of the District Court of Appeal, Fourth District, in Miller Mechanical, Inc. v. Ruth, 287 So. 2d 174, which allegedly conflicts with the decision in Data Supplies, Inc. v. Cowart, 240 So. 2d 829 (Fla. App.2d, 1970). The facts, as determined by the trial judge and affirmed by the District Court of Appeal, are as follows: Respondent, hereinafter referred to as defendant, entered into a contract of employment with petitioner, hereinafter refe…
  • Silvers v. Dis-Com Sec., Inc., 403 So. 2d 1133 (Fla. 4th DCA 1981)
    …which should be sparingly granted. Jennings v. Perrine Fish Market, Inc., 360 So. 2d 434 (Fla.3d DCA 1978). On the other hand, the establishment of legal rights carries with it the duty to grant an appropriate remedy. Data Supplies, Inc. v. Cowart, 240 So. 2d 829 (Fla.2d DCA 1970). Because the statute specifically provides for injunc-tive relief and for the added reason that most or all of the harm may be done long before a final judgment is entered, we hold that where the proof supports the skeletal allegat…
  • Graphic Bus. Sys., Inc. v. Rogge, 418 So. 2d 1084 (Fla. 2d DCA 1982)
    …which should be sparingly granted. Jennings v. Perrine Fish Market, Inc., 360 So. 2d 434 (Fla. 3d DCA 1978). On the other hand, the establishment of legal rights carries with it the duty to grant an appropriate remedy. Data Supplies, Inc. v. Cowart, 240 So. 2d 829 (Fla. 2d DCA 1970). Because the statute specifically provides for injunctive relief and for the added reason that most or all of the harm may be done long before a final judgment is entered, we hold that where the proof supports the skeletal allegat…

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