COVENANT NOT TO COMPETE

Reinstein Pediatric Gastroenterology, ___ So. 2d ___, 34 Fla. L. Weekly D2550 (Fla. 2d DCA 12/11/09)

Dr. McClenathan was the majority shareholder, and Dr. Reinstein was the minority shareholder, in the P.A.  The two doctors and the P.A. entered into a Buy-Out Agreement and an Employment Agreement, both of which contained covenants not to compete.  When Dr. Reinstein sued Dr. … Click To Read Full Case Law Review...

WORKER’S COMPENSATION IMMUNITY, ELECTION OF REMEDIES

Petro Stopping Centers, L.P. v. Gall, ___ So. 2d ___, 34 Fla. L. Weekly D2547 (Fla. 5th DCA 12/11/09)

The trial court erred in denying the employer’s motion for summary judgment based upon the doctrine of election of remedies.  The employee filed a workers’ compensation claim and settled her claim at mediation.  The settlement established that the employee … Click To Read Full Case Law Review...

JUDGES: DISQUALIFICATION

Fernwoods Condominium Association #2, Inc. v. Alonso, ___ So. 2d ___, 34 Fla. L. Weekly D2543 (Fla. 3d DCA 12/9/09)

“It is well settled in Florida that a disqualified judge may enter orders that are part of his/her ministerial duties, including reducing to writing oral rulings made prior to a motion to disqualify . . . .”… Click To Read Full Case Law Review...

INJUNCTION

Solares v. The City of Miami, ___ So. 2d ___, 34 Fla. L. Weekly D2541 (Fla. 3d DCA 12/9/09)

An emergency motion for temporary injunction to stop the sale of bonds pending the outcome of a lawsuit became moot after the bonds were sold.  Dismissal could not be avoided by seeking to enjoin the use of the proceeds from … Click To Read Full Case Law Review...