LEGAL ARGUMENT
STANDARD OF APPELLATE REVIEW In reviewing the enforceability of a preliminary injunction an appellate court is not bound by the trial court 's findings of fact, but may weigh the evidence anew and enter its own findings of fact and conclusions of law. Kennedy v. Kennedy, 160 N.C. App. 1, 8, 584 S.E.2d 328, 332 (2003). Thus, if we must consider the facts anew, the court has to determine the enforceability of a preliminary injunction just as how the trial court determines it. Preliminary injunctions may be issued by order by a judge: “When, during the litigation, it appears by affidavit that a party thereto is doing or threatens or is about to do, or is procuring or suffering some act to be done in violation of the rights of another …show more content…
v. Bowers, 181 N.C. App. 85, 89, 638 S.E.2d 617, 619 (quoting Baskin , at 279). In addition, “to show reasonableness of a geographic restriction, 'an employer must first show where its customers are located and that the geographic scope of the covenant is necessary to maintain those customer relationships. '” Id. at 89 (quoting Hartman v. W.H. Odell and Associates, Inc., 117 N.C.App. 307, 311, 450 S.E.2d 912,917 (1994)). The restriction is within Jackson County and counties contiguous to Jackson County. Halbridge was assigned to work in all the areas his employer conducted business. Halbridge was actually subject to work in, Jackson, Hayword, Franklin, and Transylvania counties; all the places that HealthPro operated. R at 35. The business was in health care services where Halbridge was in personal contact with a large amount of HealthPro 's patients. Halbridge was the only employee that solely provided wound care services. That puts him in a position to have a great wealth of knowledge on how HealthPro conducts its business, particularly in wound care services. The six factors show the geographic restriction as drawn protects HealthPro 's business interests. Halbridge came in contact with well over a 100 patients that all come from the counties that HealthPro provided his service. The nature of Halbridge 's job, which he was constantly in physical contact with patients because that was the only way he could treat
STANDARD OF APPELLATE REVIEW In reviewing the enforceability of a preliminary injunction an appellate court is not bound by the trial court 's findings of fact, but may weigh the evidence anew and enter its own findings of fact and conclusions of law. Kennedy v. Kennedy, 160 N.C. App. 1, 8, 584 S.E.2d 328, 332 (2003). Thus, if we must consider the facts anew, the court has to determine the enforceability of a preliminary injunction just as how the trial court determines it. Preliminary injunctions may be issued by order by a judge: “When, during the litigation, it appears by affidavit that a party thereto is doing or threatens or is about to do, or is procuring or suffering some act to be done in violation of the rights of another …show more content…
v. Bowers, 181 N.C. App. 85, 89, 638 S.E.2d 617, 619 (quoting Baskin , at 279). In addition, “to show reasonableness of a geographic restriction, 'an employer must first show where its customers are located and that the geographic scope of the covenant is necessary to maintain those customer relationships. '” Id. at 89 (quoting Hartman v. W.H. Odell and Associates, Inc., 117 N.C.App. 307, 311, 450 S.E.2d 912,917 (1994)). The restriction is within Jackson County and counties contiguous to Jackson County. Halbridge was assigned to work in all the areas his employer conducted business. Halbridge was actually subject to work in, Jackson, Hayword, Franklin, and Transylvania counties; all the places that HealthPro operated. R at 35. The business was in health care services where Halbridge was in personal contact with a large amount of HealthPro 's patients. Halbridge was the only employee that solely provided wound care services. That puts him in a position to have a great wealth of knowledge on how HealthPro conducts its business, particularly in wound care services. The six factors show the geographic restriction as drawn protects HealthPro 's business interests. Halbridge came in contact with well over a 100 patients that all come from the counties that HealthPro provided his service. The nature of Halbridge 's job, which he was constantly in physical contact with patients because that was the only way he could treat