Legal Opinion

Beverage Systems of the Carolinas, LLC v. Associated Beverage Repair, LLC

Court of Appeals of North Carolina

Decided August 5, 2014No. COA14-185PublishedCited by 9 opinions

1Opinion of the Court

HUNTER, Robert C., Judge.

Plaintiff timely appeals from an order entered 3 October 2013 granting defendants’ motion for summary judgment. After careful review, because the trial court had express authority to revise the restrictions of the non-compete agreement, we reverse the trial court’s order and remand for the trial court to revise the geographic area covered by the non-compete to include those areas necessary to reasonably protect plaintiff’s business interests. Furthermore, since there is a genuine issue of material fact as to whether Ludine Dotoli violated the revised non-compete, we…

2Cases cited20 opinions

  1. In Re the Will of JonesSupreme Court of North Carolina · 2008
  2. A.E.P. Industries, Inc. v. McClureSupreme Court of North Carolina · 1983
  3. First Atlantic Management, Corp. v. Dunlea Realty, Co.Court of Appeals of North Carolina · 1998
  4. Visionair, Inc. v. James & Colossus Inc.Court of Appeals of North Carolina · 2004
  5. Hartman v. WH Odell and Associates, Inc.Court of Appeals of North Carolina · 1994

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3Cited by9 opinions

  1. Beverage Systems of the Carolinas, LLC v. Associated Beverage Repair, LLCSupreme Court of North Carolina · 2016
  2. Laboratory Corp. of America Holdings v. KearnsDistrict Court, M.D. North Carolina · 2015
  3. Dickinson v. University of North CarolinaDistrict Court, M.D. North Carolina · 2015
  4. Amerigas Propane, L.P. v. CoffeyNorth Carolina Business Court · 2015
  5. Bldg. Ctr., Inc. v. Carter Lumber, Inc.North Carolina Business Court · 2016

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