Legal Question in Business Law in Florida

Non circumvention non compete agreements

We signed a non circumvention agreement with a company in february of 2000 for a term of five years. The agreement was signed in texas,the business is in texas and the company representative, who signed the agreement was in las vegas. At that time their corporate office was in florida, it says in the agreement if any dispute arises it would be determined in the courts of florida. Their company no longer is based out of florida, they are based in texas and have violated the terms of our agreement by contacting our landlord (which we are in court with)to try and come into our location, what is the strength of a non circumvention agreement in florida, if in fact it must be heard in florida?


Asked on 3/09/03, 11:57 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Non circumvention non compete agreements

Even though is places the venue in Florida since no party has any connection with Florida I doubt this state would hear the matter. It should be started in Texas.

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Answered on 3/09/03, 1:25 pm
Peter Bradie Bradie, Bradie & Bradie

Re: Non circumvention non compete agreements

It's questionable whether they would move to have the case removed from a Texas court to a Florida court, although the risk is there. The agreement may be binding in whatever state may hear it, since it's a question of enforcing an agreement between parties. In Texas, unless the agreement itself is illegal or against public policy, legitimate non-compete agreements are usually honored. They may be adjusted as to duration and scope if the court considers the agreement to be overreaching.

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Answered on 3/09/03, 4:37 pm


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