RESTRICTIVE COVENANTS

Southernmost Foot and Ankle Specialists v. Torregrosa, No. 3D04-1096 (Fla. Ct. App. Dec. 22, 2004)

A Florida court of appeals upheld the duration, but not the geographic scope, of a restrictive covenant that prevented a podiatrist from competing with his former employer. The court found that a two-year restriction was reasonable. However, it ruled that the geographic area contained in the restrictive covenant was overly broad, and directed that it be modified to allow the podiatrist to practice in areas where he had never treated patients while an employee of the former employer. The court also ruled that it was in the public interest to permit the podiatrist to retain his privileges at two hospitals even though they would be within the geographic scope of the covenant, so that the hospitals could offer podiatry services to the public.