District Court of Appeal of Florida

In a contract dispute between a radio personality and a radio company involving the enforceability of a non-compete covenant, the court finds that the trial court erred in granting radio company's motion for partial summary judgment on the enforceability of the non-compete covenant as: 1) the law of the case doctrine did not bar its consideration of the enforceability of the non-compete covenant; and 2) it erred in holding the non-compete covenant enforceable on summary judgment without allowing defendants to present evidence as to the covenant's reasonableness and scope. The court also finds that certain evidence of damages was speculative and conjectural in nature, and that the trial court erred in the amount of a total compensatory damages award.

Appellate Information

• Decided 01/24/2007
• Published 01/24/2007

Judges

• HAZOURI, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Robert G. Haile, Jr., of Haile, Shaw & Pfaffenberger, P.A., North Palm Beach, for appellants James Crystal Licenses, LLC, James Crystal Holdings, Inc., and James Crystal Enterprises, LLC., Nancy Little Hoffmann of Nancy Little Hoffmann, P.A., Pompano Beach, for appellant Elena Whitby a/k/a Jennifer Ross.


• For Appellees:
  
• Alan Rosenthal and Natalie J. Carlos of Adorno & Yoss, LLP, Miami, for appellee.