Cox v. Altus Healthcare and Hospice Inc.

The employment covenants in question were unenforceable on their face because they were conditions of employment that contained neither a time nor personnel limitation and barred even unsolicited contact with the company's employees or affiliates.

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This appeal concerns a now-dissolved interlocutory injunction enforcing restrictive covenants against Edwin Cox and in favor of his ex-employer Altus Healthcare and Hospice, Inc. After the trial court issued the injunction and the docketing of Cox’s appeal concerning it in this Court, Altus amended its complaint to dismiss its claim for injunctive relief with prejudice. The trial court dismissed the claim with prejudice and dissolved the injunction. Altus then moved this Court to dismiss the appeal as moot. Cox asserts that the appeal is not moot because its counterclaim for wrongful restraint depends on the merits of its claim concerning the now-dissolved injunction. We hold that the appeal is not moot and that the injunction did amount to a wrongful restraint. We therefore remand the case for further proceedings as to any damages suffered by Cox during the pendency of the injunction. “We review the grant or refusal of an interlocutory injunction for an abuse of discretion. Where facts are in dispute, we will reverse only in the event of manifest abuse of discretion. Where no facts are in dispute, however, the trial court’s discretion is circumscribed by the applicable rules of law.” Lowe’s Home Centers, Inc. v. Garrison Ridge Shopping Center. , 283 Ga. App. 854, 855 643 SE2d 288 2007.

Here, the relevant facts are not in dispute. The record shows that at the beginning of his employment with Altus in 2008, Cox completed a form providing that “in connection with my activities as an employee of Altus Healthcare and Hospice, I agree not to divulge any information I receive, including, but not limited to, patients, family members, staff, and volunteers, to any unauthorized persons.”

Cox v. Altus Healthcare and Hospice Inc.

The employment covenants in question were unenforceable on their face because they were conditions of employment that contained neither a time nor personnel limitation and barred even unsolicited contact with the company's employees or affiliates.

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