Legal Question in Business Law in Florida

I recently purchased a fishing charter boat business that also offers eco-tours and shelling. The previous owner signed a non compete regarding charter businesses similar to ours. He now wants to open a company that does sight seeing, eco, and trains individuals in their own boat on "applying local fishing techniques" and teach them to navigate the waters in the area. The waters are somewhat tricky and part of our service is the knowledge of getting people safely to the fish and also teaching them to fish while they are with us (local fishing techniques). I don't know if I can do anything, or even if it is a breach of his non-compete. I need to know if I should try to stop this new company. I feel there are areas where he is trying to compete with us. But the non-compete specifically says that he may not compete "in any Charter Fishing Business similar to our business. Can you advise?


Asked on 5/28/10, 10:45 am

2 Answers from Attorneys
Kevin B. Murphy Franchise Foundations, APC

An attorney will tell you it's not possible to give advice without seeing the entire Buy-Sell agreement that contains the non-compete and other language. So your best course of action is to consult with a business attorney in your area for specific advice.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 5/28/10, 1:56 pm
Lesly Longa Longa Law P.A.

I really cannot advise you without seeing the agreement. Based on what you have written, it sounds very possible that the prior owner's conduct may breach the agreement. I recommend that you consult with a business and/or contract attorney for legal advice.

Regards,

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Answered on 5/28/10, 2:20 pm


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