NORTH BROWARD RADIOLOGISTS, P.A., APPELLANT,
v.
MICHAEL J. RUSH, APPELLEE

Fla. 4th DCA | 1989-03-29
No. 88-0296
HERSEY, C.J., and WALDEN and GARRETT, JJ., concur.
541 So. 2d 705 Florida District Court of Appeal, Fourth District (1989) Caution
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal from dismissal of a complaint with prejudice. We do not attempt to second-guess the trial court as to the reasons for dismissal of the various counts of the complaint, which were based upon several different causes of action. We hold simply that the complaint did sufficiently allege a cause of action for tortious interference with an advantageous business relationship (see, e.g., DeRitis v. AHZ Corp., 444 So. 2d 93 (Fla. 4th DCA 1984)), and for breach of contract (by violating the alleged covenant not to compete). See Akey v. Murphy, 238 So. 2d 94 (Fla.1970). See also Chessick Clinic, P.A. v. Jones, 367 So. 2d 1028 (Fla. 2d DCA 1979).

We therefore reverse and remand for further proceedings.

HERSEY, C.J., and WALDEN and GARRETT, JJ., concur.


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  • N. Broward Radiologists, P.A. v. Rush, 566 So. 2d 610 (Fla. 4th DCA 1990)
    …appeal from an order striking a renewed motion for temporary injunction. It is apparently undisputed that the reason for the trial court’s decision was the conclusion that this court’s prior opinion in this case, North Broward Radiologists v. Rush, 541 So. 2d 705 (Fla. 4th DCA 1989), was the law of the case precluding entry of a temporary injunction. However, it is clear upon review that the temporary injunction issues were not addressed at all in our earlier opinion. That opinion simply decided that the c…

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