Poynter Investments, Inc. v. Century Builders of Piedmont, Inc.

This is an appeal from an order granting a preliminary injunction to enforce a non-competition agreement, but modifying the territorial restriction in that agreement. Appellants contend the trial court did not properly balance the equities in deciding to grant the injunction. We hold that a balancing of equities is not a separate component in the preliminary injunction analysis. Appellants also contend the trial court erred in “blue penciling” the contract by replacing the unreasonable territorial restriction in the agreement with one of its own. We agree, and reverse.

FACTS

Appellant Rector…