JOHN JASON DAVIS v. JOHNSTONE GROUP, INC. v. APPRAISAL SERVICES GROUP, INC. - Articles

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Posted by: Amelia Ferrell Knisely on Mar 9, 2016

Court: TN Court of Appeals

Attorneys 1:

Richard Darnell Bennett and Allison Kay Moody, Memphis, Tennessee, for the appellant, Johnstone Group, Inc.

Attorneys 2:

William B. Ryan and Lang Wiseman, Memphis, Tennessee, for the appellees, John Jason Davis and Appraisal Services Group, Inc.

Judge(s): GOLDIN

Appellant appeals the trial court?s grant of Appellee?s complaint for declaratory judgment and the trial court?s denial of Appellant?s counter-complaint for injunctive relief. After Appellee filed notice with Appellant of his intent to leave Appellant?s employ and join a competing appraisal firm, Appellant sought to enforce the non-competition provision of the parties? agreement. Appellee then filed for a declaratory judgment that the non-competition provision was unenforceable. The trial court determined that there were no special facts present over and above ordinary competition or any legitimate protectable business interests to warrant enforcement of the non-competition agreement. Appellant appeals. Discerning no error, we affirm and remand.