200604.21
0

927 So. 2d 135 (Fla. 5th DCA 2006)

The Tummala case involves an interesting question of law arising under Florida’s restrictive covenant (sometimes referred to as “non-compete”) statute, concerning whether patients that physicians referred to a doctor who has left a practice can constitute a legitimate business interest of the former practice. The trial court ruled in favor of our client and the Fifth District affirmed. The Supreme Court of Florida accepted jurisdiction in the case, and Chris Carlyle argued the matter in April 2007. However, the Court later determined that jurisdiction was improvidently granted (Florida Hematology & Oncology Specialists v. Tummala, 969 So. 2d 316 (Fla. 2007)), and therefore the Fifth District’s Opinion in our client’s favor remains the law.