MASON CORPORATION, a Corporation v. John E. KENNEDY, Jr, 286 Ala. 639
Summary
Appellant filed an original bill seeking injunctive relief and damages against appellee, charging that appellee violated a non-competition clause in his employment contract with appellant. The trial court determined that no substantial injury would result to appellant from delay and issued a fiat setting the cause for hearing on the temporary injunction. The trial court entered a final decree refusing to grant the temporary injunction and dismissed the bill. The supreme court affirmed, rejecting appellants arguments that the trial court erred in: (1) Rendering a final decree at the conclusion of a hearing set to determine whether a temporary injunction should issue; (2) abusing its discretion by refusing to enjoin appellee from violating the non-competition agreements; and (3) attempting to use its discretion to rewrite the contract, declaring that appellee was absolved from further compliance because he had refrained from violating the agreement for a significant period.