ED BERTHOLET & ASSOCIATES, INC. V. STEFANKO 690 N.E.2d 361 (1998) CASE BRIEF

ED BERTHOLET & ASSOCIATES, INC. V. STEFANKO

690 N.E.2d 361 (1998)

NATURE OF THE CASE: Ed Bertholet (P) appeals the trial court's denial of its petition for a preliminary injunction, claiming that the trial court erred by not enforcing a contractually agreed upon injunction.

FACTS: Stefanko (D) entered into an employment contract with P to work as a bail bondsman. This contract included a covenant not to compete that provided for an injunction in the event of a breach of the covenant. D voluntarily quit working for P and soon began working as a bail bondsman for a local competitor. P filed suit to enforce the covenant not to compete and sought a restraining order and injunction. The trial court denied the petition for a restraining order and preliminary injunction; P failed to demonstrate irreparable harm. P appealed.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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