Orange Lake Country Club, Inc. v. Levin

PETERSON, Judge.

Orange Lake Country Club, Inc. (OLC) appeals a judgment which declares that it breached its contract with Charles Levin and that, because of its breach, Levin’s non-competition covenants are unenforceable. We reverse.

Both parties alleged that the other breached a purchase agreement and employment contract which contained Levin’s covenants not to compete. Levin, who was terminated as an employee by OLC, initiated the litigation, and, in Count II of his complaint, sought a declaration that his non-competition covenants were unenforceable. At the same time Levin filed his…