06-1728 AL REFINISH V. SONSHINE

State: Florida

Court: Florida Third District Court

Docket No: 06-1728 AL REFINISH V. SONSHINE

Case Date: 11/22/2006

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2006

ALL REFINISH & SERVICES, LLC, DONAL GAINZA, EDDAR GAINZA, HECTOR JOSUE NAVARRO, JOSE A. MORALES, JOSE JAVIER MORALES, and RAFAEL TOVAR, Appellants, vs. SONSHINE COUNTERTOP AND TUB REPAIR, LLC, Appellee.

** ** ** ** ** ** LOWER TRIBUNAL NO. 06-7105 CASE NO. 3D06-1728

Opinion filed November 22, 2006. An Appeal from the Circuit Court for Miami-Dade County, Jose M. Rodriguez, Judge. Dorta & appellants. Ortega and Omar Ortega; Lilliana Real, for

Paul K. Silverberg and Kraig S. Weiss, for appellee.

Before COPE, C.J., and FLETCHER and SUAREZ, JJ. PER CURIAM. We affirm the order denying the appellants' motion to

dissolve a temporary injunction entered in order to enforce a

covenant not to compete.

We conclude that the trial court's

ruling is supported by the terms of the contract and the record made at the evidentiary hearing. We do not reach the appellants' claim that the five-year period is unduly lengthy for the covenant not to compete. The

appellee states, and the record supports, that this claim was not squarely presented or adjudicated at the hearing below.

Accordingly our affirmance of the order now under review is without prejudice to the appellants to present their challenge to the length of the noncompetition agreement in further

proceedings in the trial court. Affirmed.

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