Philip H. Hunke, D.D.S., M.S.D., Inc. v. Wilcox

OPINION

DORSEY, Justice.

This is a suit on a promissory note to enforce a covenant not to compete. Philip H. Hunke, D.D.S., M.S.D., Inc., a professional corporation, sued Patrick B. Wilcox, D.D.S., Hunke’s former employee, for $75,-000 on a promissory note. The note became due and payable upon Wilcox’s post-employment breach of the terms of the covenant not to compete. The trial court granted a take nothing summary judgment for Wilcox, from which Hunke appeals. The issue is whether the covenant not to compete is an unreasonable restraint of trade and therefore unenforceable as a matter of law.…