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(Download) "Delli-Gatti v. Mansfield" by Court of Appeals of Georgia # Book PDF Kindle ePub Free

Delli-Gatti v. Mansfield

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eBook details

  • Title: Delli-Gatti v. Mansfield
  • Author : Court of Appeals of Georgia
  • Release Date : January 17, 1996
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

In Case No. A96A1414, appellant/defendant Kevin L. Delli-Gatti, M.D. appeals from the order of the superior court declaring unenforceable the non-compete clause in a medical services agreement, entered between appellant and appellee/plaintiff Kathy Mansfield, M.D. In Case No. A96A1522, cross-appellant Dr. Mansfield appeals from the superior court's order, asserting the trial court erred in failing to find the non-compete clause unenforceable because of abandonment of agreement and breach of the agreement by cross-appellee [223 GaApp Page 77] Dr. Delli-Gatti. This is a suit for declaratory judgment brought by appellee Dr. Mansfield, praying for a declaration of rights as to the enforceability of a non-compete clause in a medical services agreement. The non-compete clause provided the following upon termination of the medical services agreement or the employee relationship created thereby: ""Dr. Mansfield . . . covenants that she shall not provide pediatric services or other medical care as a physician within Upson County or provide said services at the Upson Regional Medical Center for the twelve (12) months immediately following the said termination."" Subsequently, Dr. Mansfield exercised her contractual right to give notice and terminate the agreement.


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