Florida Does Not Construe Non-Compete Agreements Narrowly
Posted:
Friday, November 21, 2008
By:
Joshua C. Dickinson
Topic:
Non-Compete Cases
A Florida appellate court recently issued a ruling affirming a trial court's denial of injunctive relief to enforce a non-compete, but the court remanded the case with the specific instruction that the trial court strike that portion of its judgment stating that covenants not to compete are narrowly read and construed against restraint of trade or
commerce. The court cited § 542.335(1)(h), Fla. Stat
. (2006), and found that such a judicial construction was not allowed under Florida law. TRI-COUNTY CONCRETE PRODUCTS, INC., v. LOWER, 992 So.2d 372 (Fl. Ct. App. 2008).
The construction proffered by the lower court is consistent with most jurisdictions, and thus Florida's statutory mandate disallowing a narrow construction of non-competition agreements places it outside the mainstream.