LLOYD DAMSEY, M.D., P.A., A FLORIDA CORPORATION, AND LLOYD DAMSEY, M.D., INDIVIDUALLY, APPELLANTS,
v.
BARRY J. MANKOWITZ, M.D., APPELLEE
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Dr. Damsey sought to enjoin Dr. Mankowitz from practicing medicine in a specific geographic area for three years following the termination of their employment agreement. The Florida District Court of Appeal affirmed the trial court's denial of the injunction, finding the restrictive covenant unreasonable and unduly harsh.
The trial court properly denied the injunction because the restrictive covenant was unreasonable, unduly harsh, and oppressive under the circumstances, particularly given the public health need for the defendant's surgical services in the area.
[1] Injunctive relief rests largely in the discretion of the chancellor and is governed by the facts and circumstances of the particular case.
[2] A restrictive covenant in an employment agreement may be deemed unreasonable and unenforceable if it is unduly harsh and oppressive.
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Join FLexlaw to unlock all legal intelligence“Dr. Mankowitz agrees, in consideration of his employment, to not practice medicine in any community lying between Boca Chica Key on the West and Plantation Key on the East, for a period of three years following termination of his employment by the P.A., without regard to the reason or nature of the termination.”
The specific language of the restrictive covenant at issue in the case.
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Join FLexlaw to unlock all legal intelligenceIn August 1973, Damsey, P.A. and Dr. Damsey entered into a one-year employment agreement with Dr. Mankowitz for the practice of medicine, automaticall…
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PER CURIAM.
Plaintiffs appeal chancellor’s order denying their prayer for injunctive relief to enjoin defendant from practicing medicine in the area located between Boca Chica on the West and Plantation Key on the East.
In August 1973 plaintiffs Lloyd Damsey, P.A. and Lloyd Damsey, M.D., individually, executed an agreement with defendant Barry J. Mankowitz, M.D. for Dr. Manko-witz’ association for the practice of medicine with the plaintiffs as of November 1, 1973. The agreement was for a term of one year automatically renewable unless either of the parties gave notice 90 days before the anniversary date that renewal would not take place. The contract contained the following relevant proviso:
“Dr. Mankowitz agrees, in consideration of his employment, to not practice medicine in any community lying between Boca Chica Key on the West and Plantation Key on the East, for a period of three years following termination of his employment by the P.A., without regard to the reason or nature of the termination.”
Ninety days before expiration of Dr. Man-kowitz’ first year of employment, plaintiffs gave him notice that the contract would not be renewed and on October 31, 1974 his association with plaintiffs was discontinued. Dr. Mankowitz continued to practice medicine in the area lying between Boca Chica and Plantation Key. Plaintiffs filed a complaint seeking to enjoin Dr. Mankowitz from practicing in this area and after a hearing, the chancellor denied plaintiffs’ requested injunction. We affirm.
The granting or denying of injunctive relief rests largely in the discretion of the chancellor and is governed by the facts and circumstances of the particular case. Baboun v. Royal Atlas Corp., 287 So. 2d 407 (Fla.3d DCA 1973) and 17 Fla.Jur. Injunctions § 16 (1958).
After balancing the equities, the chancellor in denying the injunctive relief found, inter alia, the agreement to be unreasonable as it required defendant, a professional man, at the end of either the first, second or third year, at the election of plaintiffs, to remove himself from the community where he has made substantial investments to maintain the standards of a physician and move elsewhere beyond the geographic limits of the restraining covenants (in this case, 70 miles). The testimony also revealed a compelling need for defendant’s services as a surgeon in the area and enforcement of the covenant would jeopardize the public health of the community. We conclude that under the circumstances the restrictive covenant in this agreement is unduly harsh and oppressive and affirm the appealed order. Cf. Akey v. Murphy, 238 So. 2d 94, 97 (Fla.1970).
Affirmed.
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The Jewett Orthopaedic Clinic, P.A. v. George M. White, M.D., 629 So. 2d 922 (Fla. 5th DCA 1993)…a.1993); Staff of Fla.S.Comm. on Judiciary-Civ., CS for SB 2642 (1990) Staff Analysis 2 (May 17, 1990); Staff of Fla. H.Comm. on Commerce, CS for HB 2801 (1990) Staff Analysis 2 (Aug. 28, 1990). For example, in Lloyd Damsey, M.D., P.A. v. Mankowitz, 339 So. 2d 282 (Fla. 3d DCA 1976), cert. denied, 345 So. 2d 421 (Fla.1977),5 the court found a compelling need for the physician’s services as a surgeon in an area in the Florida Keys, where he was practicing medicine, and noted that enforcement of the covenant wo…
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Joseph Spine, P. A. v. Moulton, 326 So. 3d 1186 (Fla. 2d DCA 2022)…afety or welfare" but also recognized that there may be times when enforcement of a restrictive covenant against a physician may cause harm to patients and the public. Jewett, 629 So. 2d at 925; see also Lloyd Damsey, M.D., P.A. v. Mankowitz, M.D., 339 So. 2d 282 (Fla. 3d DCA 1976) (affirming denial of injunction against surgeon where trial court found that restricting surgeon from practicing in geographic area that had shortage of surgeons would have adverse impact on the public); Surgery Ctr. Holdings, 318…
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Fletcher J. Herndon, Jr. v. The ELI Witt Co., 420 So. 2d 920 (Fla. 1st DCA 1982)…and fair dealing favor enforcement of the covenant if it is otherwise reasonable. Whether the restraint is reasonable as to time and area under the circumstances of the case is a question of fact. Pensacola Associates, at 948; Damsey v. Mankowitz, 339 So. 2d 282 (Fla.3d DCA 1976), cert. denied, 345 So. 2d 421 (Fla.1977). Under the circumstances of this case, the restriction is prima facie reasonable and the temporary injunction is not without sufficient basis.7 The injunction being temporary in character is…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Akey v. Murphy, 238 So. 2d 94 (Fla. 1970)
- Baboun v. Royal Atlas Corp., 287 So. 2d 407 (Fla. 3d DCA 1973)