ORKIN EXTERMINATING COMPANY, INC., PETITIONER,

v.

FRANK C. GIRARDEAU, RESPONDENT

Citator

Cited By

• Whitby v. Infinity Radio Inc., 951 So. 2d 890 (Fla. 4th DCA 2007)
  …r interests. § 542.335(l)(c), Fla. Stat. (1999). Whether a non-compete covenant is reasonable or overly broad is a question of fact for the trial court. See Orkin Exterminating Co. v. Girardeau, 301 So. 2d 38, 40 (Fla. 1st DCA 1974), cert. denied, 317 So. 2d 75 (Fla.1975) (recognizing that “[w]hat is a reasonable area is a factual matter to be determined in each [non-compete] case”); Sarasota Beverage Co. v. Johnson, 551 So. 2d 503, 507 (Fla. 2d DCA 1989) (citing Dorminy v. Frank B. Hall Co., Inc., 464 So.…
• Dorminy v. Frank B. Hall & Co., Inc., 464 So. 2d 154 (Fla. 5th DCA 1985)
  …ted, the trial court may fashion and apply a reasonable time or area limitation.4 Each case must be decided on the basis of its own facts and circumstances. Orkin Exterminating Co., Inc. v. Girardeau, 301 So. 2d 38 (Fla. 1st DCA 1974), cert. denied, 317 So. 2d 75 (Fla.1975); Auto Club Affiliates. In this case, there was no testimony or evidence presented to show that the three year time limit was unreasonable, or that it would work any exceptional hardship on Dorminy. Dorminy offered testimony that one or t…
• Orkin Exterminating Co. v. Martin, 516 So. 2d 970 (Fla. 3d DCA 1987)
  …territorial restriction is unreasonable, the trial court may determine what constitutes a reasonable area and enforce the covenant in the [*972] limited area. Cf. Orkin Exterminating Co. v. Girardeau, 301 So. 2d 38 (Fla. 1st DCA 1974), cert. denied, 317 So. 2d 75 (Fla.1975) (geographical area covered by non-competition provision reduced from five counties to specific area within one city); Kofoed Pub. Relations Assocs., Inc. v. Mullins, 257 So. 2d 603 (Fla. 4th DCA), cert. denied, 263 So. 2d 230 (Fla.1972) (…

Authorities Cited

• Orkin Exterminating Co., Inc. v. Girardeau, 301 So. 2d 38 (Fla. 1st DCA 1974)