Bertholet v. Stefanko

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Bertholet v. Stefanko
Court Indiana Court of Appeals
Citation 690 N.E.2d 361
Date decided January 15, 1998

Facts

  • Ed Stefanko = defendant = "Stefanko" = employee = bondsman
  • Ed Bertholet & Associates, Inc. = plaintiff = "Bertholet" = employer
  • Stefanko agreed to work as a bail bondsman for Bertholet.
  • Stefanko worked for Bertholet for 3 years & quit.

Procedural History

Bertholet sued Stefanko for working for a competitor of Bertholet. Bertholet sought a judiciail injunction against Stefanko working for a competitor.

Bertholet lost in the trial court.

Issues

Are trial courts bound by contract clauses that require issuance of an injunction?

Can trial courts throw contract clauses out the window?

Arguments

Bertholet argued that Stefanko could have stolen its clients.

Holding

No. Trial courts aren't bound by contract clauses that require issuance of an injunction.

Holding was in favor of Stefanko.

Judgment

Affirmed.

Reasons

Bertholet didn't suffer irreparable harm.

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