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Lovell v. Osteomedics Inc.

Appellant's motion to dissolve the consent temporary restraining order incorporating his employment agreement's restrictive covenants was moot, since the covenants have expired and cannot be enforced.

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Osteomedics, Inc., brought suit against Mark B. Lovell seeking damages and injunctive relief for breach of a non-competition agreement. On August 6, 1998, the parties entered into a “consent temporary restraining order,” incorporating the terms of the employment agreement. The order was to remain in effect until further order of the court. Thereafter, on February 11, 1999, Lovell moved to dissolve the order. The trial court denied Lovell’s motion, and he appeals, asserting 1 the order is impermissibly vague, 2 the non-competition agreement is overly broad, and 3 Osteomedics does not need further injunctive relief because it no longer competes in the prohibited territory.

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