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Air Ambulance Network, Inc. v. Bercu

Citations: 560 So. 2d 256; 1990 Fla. App. LEXIS 1745; 1990 WL 29499Docket: No. 89-1671

Court: District Court of Appeal of Florida; March 19, 1990; Florida; State Appellate Court

Narrative Opinion Summary

The trial court found that Air Ambulance Network, Inc. (AAN) materially altered and breached its employment agreement with Lawrence Bercu. Citing Troup v. Heacock, 367 So.2d 691 (Fla. 1st DCA 1979), the court affirmed the final judgment in favor of Bercu regarding AAN's attempt to enforce a noncompetitive clause in their employment contract. The appellant's remaining arguments were deemed without merit. The judgment is affirmed.

Legal Issues Addressed

Appellate Review of Trial Court's Judgment

Application: The appellate court deemed the appellant's remaining arguments without merit, thereby affirming the trial court's decision.

Reasoning: The appellant's remaining arguments were deemed without merit. The judgment is affirmed.

Enforcement of Noncompetitive Clauses

Application: The court affirmed the judgment in favor of Bercu, rejecting AAN's attempt to enforce a noncompetitive clause due to the material breach of the employment agreement.

Reasoning: Citing Troup v. Heacock, 367 So.2d 691 (Fla. 1st DCA 1979), the court affirmed the final judgment in favor of Bercu regarding AAN's attempt to enforce a noncompetitive clause in their employment contract.

Material Breach of Employment Agreement

Application: The court found that Air Ambulance Network, Inc. materially altered and breached its employment agreement with Lawrence Bercu, which impacted the enforceability of the contract's terms.

Reasoning: The trial court found that Air Ambulance Network, Inc. (AAN) materially altered and breached its employment agreement with Lawrence Bercu.