Whelan Security Co. v. Kennebrew

Whelan Security Company appealed a trial court's grant of summary judgment in favor of Charles Kennebrew and W. Landon Morgan on its action to enforce the non-compete agreements it had with Kennebrew and Morgan. On appeal, Whelan claimed that the trial court erred in concluding that the non-competition and non-solicitation clauses were invalid as overbroad and unreasonable as to time and space. The Supreme Court granted transfer and reversed, holding that the non-compete agreements were unreasonable as written but modified the terms of the agreements to give effect to the intent of the parties in entering the non-compete agreement; and (2) because genuine factual issues existed, entry of summary judgment was improper. Remanded. View "Whelan Security Co. v. Kennebrew" on Justia Law