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ARA Chuckwagon of Detroit, Inc. v. Lobert

Citations: 244 N.W.2d 393; 69 Mich. App. 151; 1976 Mich. App. LEXIS 734Docket: Docket 22725, 24330

Court: Michigan Court of Appeals; May 27, 1976; Michigan; State Appellate Court

Narrative Opinion Summary

In this case, the defendants, including a former employee and a catering company, faced multiple contempt orders from the Wayne County Circuit Court related to violating a restrictive covenant and court-issued restraining orders. The plaintiff sought a restraining order after the employee left the company with a restrictive covenant prohibiting competition for 90 days. The court initially issued a restraining order and a preliminary injunction, yet evidence showed ongoing violations by the defendants. Consequently, the court found multiple parties in contempt, fining and sentencing them. The defendants challenged the contempt orders and the extension of the restrictive covenant beyond the statutory 90-day period, arguing such extensions were impermissible under MCLA 445.766. The court agreed with this statutory interpretation, vacating any extensions beyond the original covenant period but upheld the contempt findings, emphasizing that even improperly granted restraining orders must be obeyed until vacated. Ultimately, the court affirmed the contempt citations while vacating the extended covenant terms, underscoring its authority to punish disobedience of its orders.

Legal Issues Addressed

Contempt for Violating Court Orders

Application: The court held defendants in contempt for violating a restraining order, emphasizing that even improperly granted temporary orders must be obeyed until vacated.

Reasoning: Despite this ruling, the defendants could not avoid the consequences of the contempt order because the law stipulates that improperly granted temporary restraining orders must still be obeyed until formally vacated.

Enforceability of Restrictive Covenants

Application: The court examined the validity of extending a 90-day restrictive covenant beyond the statutory period, ultimately siding with the defendants that such extensions were impermissible.

Reasoning: The relevant statute, MCLA 445.766, permits such covenants only for a maximum of 90 days post-termination. Defendants contended that any extension beyond this period was impermissible, while the plaintiff argued it fell within the court's equitable powers. However, the court sided with the defendants, affirming that the statutory limit was clear.

Judicial Authority and Contempt Sanctions

Application: The court affirmed its inherent power to sanction persistent disobedience of its orders, supporting its decision with historical case law and constitutional provisions.

Reasoning: The court affirmed its inherent power to punish persistent disobedience of its orders, referencing historical case law and constitutional provisions.

Liability for Non-Signatories in Contempt

Application: The court found that parties acting in concert with signatories of a restrictive covenant can be held in contempt even if they did not sign the covenant themselves.

Reasoning: The court confirmed that non-signatories conspiring with signatories are liable for contempt.