THE STATE OF FLORIDA, APPELLANT,
v.
PETER HENRY CLAYTON, APPELLEE
THE STATE OF FLORIDA, APPELLANT,
PETER HENRY CLAYTON, APPELLEE
353 So. 2d 944
Florida District Court of Appeal, Third District (1978)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Affirmed on the authority of State v. Dayton, 215 So. 2d 87 (Fla.3d DCA 1968); Glasgow v. State, 292 So. 2d 370 (Fla.4th DCA 1974); State v. Barnett, 344 So. 2d 863 (Fla.2d DCA 1977).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Carl J. Flatley, D.D.S. v. Garland L.S. Forbes, D.M.D., 483 So. 2d 483 (Fla. 2d DCA 1986)…existed in Florida until the enactment in 1953 of section 542.12 (renumbered in 1980 as section 542.33). In an effort to 'overcome the effect of section 542.33, Flat-ley asserts, in reliance upon Pensacola Associates v. Biggs Sporting Goods Company, 353 So. 2d 944 (Fla. 1st DCA 1978), that the instant covenant should be enforced because it was (1) ancillary to a valid contract, (2) necessary to protect his enjoyment of contract benefits, and (3) not primarily intended to restrain competition. Id. at 946, n. 2…
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Fletcher J. Herndon, Jr. v. The ELI Witt Co., 420 So. 2d 920 (Fla. 1st DCA 1982)…ould be void under Section [*923] 542.33(1).4 However, this Court has refused to apply 542.33(1) so “mechanically,” without considering the circumstances or the reasonableness of the restriction. Pensacola Associates v. Biggs Sporting Goods Company, 353 So. 2d 944 (Fla. 1st DCA 1978), cert. denied, 364 So. 2d 881 (Fla.1978). Notwithstanding the broad-brushed effect of 542.33(1), this Court is willing to subject the restraint imposed by the settlement agreement to a “reasonable standard test,” a view which non…
Authorities Cited
- State v. Barnett, 344 So. 2d 863 (Fla. 2d DCA 1977)
- State v. Dayton, 215 So. 2d 87 (Fla. 3d DCA 1968)
- Glasgow v. State, 292 So. 2d 370 (Fla. 4th DCA 1974)