Ellis & Marshall Associates, Inc. v. Marshall

delivered the modified opinion of the court on denial of petition for rehearing:

This appeal is from an action brought by the plaintiffs for injunctive relief and damages seeking to prevent the defendant, a minority shareholder and former officer, director and employee of the plaintiff corporation, from competing with it for the representation of plaintiff’s clients. Prior to a full trial on the complaint, the trial court heard evidence on plaintiffs’ motion for preliminary injunction. At the close of the plaintiffs’ evidence the tidal court denied the preliminary injunction when it granted…