04-1096 SOUTHERNMOST V. TORREGROSA

State: Florida

Court: Florida Southern District Court

Docket No: 3d04-1096

Case Date: 12/22/2004

Plaintiff: 04-1096 SOUTHERNMOST

Defendant: TORREGROSA

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
SOUTHERNMOST FOOT AND ANKLE SPECIALISTS, P.A., Appellant, vs. JOHN F. TORREGROSA, D.P.M., Appellee.
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
THIRD DISTRICT
JULY TERM, 2004

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** CASE NO. 3D04-1096
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** LOWER

TRIBUNAL NO. 03-21004 **
Opinion filed December 22, 2004.
An Appeal from the Circuit Court for Miami-Dade County,Barbara S. Levenson, Judge.
Lauri Waldman Ross; McLuskey & McDonald and John W. McLuskey, for appellant.
Jay M. Levy, for appellee.
Before GODERICH, SHEVIN, and RAMIREZ, JJ.
GODERICH, Judge.
The plaintiff, Southernmost Foot and Ankle Specialists,

P.A. [Southernmost], appeals from a final judgment granting declaratory relief. We affirm, in part; reverse, in part; and remand for entry of a corrected final judgment.
Southernmost is a medical podiatry practice that maintains offices in Key West, Big Pine Key, Marathon, Key Largo/Tavernier, Homestead, and Kendall. In May 2001, John F. Torregrosa, D.P.M., executed a written contract of employment with Southernmost that contained three restrictive covenants: 1) a covenant not to compete for a period of two years after his termination of employment within all of Monroe County and within a five-mile radius of any Southernmost office in Miami-Dade County, 2) a covenant prohibiting either the solicitation of or communication with Southernmost

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