Southeast Medical Products, Inc. v. Williams

Southeast Medical Products (SMP) appeals the dismissal of its claim against a former employee for breach of a covenant not to compete. Because the addendum to the employment agreement refuted SMP’s allegations in the complaint, the trial court properly dismissed the claim and we affirm.

Count four of the complaint alleged a violation of the employment agreement’s covenant not to compete. SMP attached the employment agreement and addendum to the complaint. Pursuant to a defense motion, the trial court dismissed count four with prejudice for failure to state a cause of action on the ground that…