Mrozek v. Eiter

¶ 1 David T. Eiter appeals the judgment requiring him to pay counsel fees incurred by his former employers, Jeffrey Mrozek and Brian Mrozek, individually, and as partners doing business as Disaster Specialists (collectively “Disaster Specialists”), in their suit against Eiter to enforce a noncompete clause in his employment agreement with Disaster Specialists. 1 This appeal concerns whether a counsel fees provision in a noncompete clause may be enforced in equity where the covenant as originally drafted arguably was breached, but where the covenant as reformed in equity, was not breached. For…