Opinion
NO. 2018 CW 0151
03-08-2018
ZANELLA'S WAX BAR, LLC v. TRUDY'S WAX BAR, LLC AND TRUDY BARNETT
In Re: Trudy's Wax Bar LLC and Trudy Barnett, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 665172. BEFORE: McCLENDON, WELCH AND THERIOT, JJ.
WRIT DENIED. The criteria set forth in Herlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 (La. 1981) (per curiam) are not met.
MRT
PMc
Welch, J., dissents. While I believe that the preliminary injunction is appealable, in reviewing the non-compete I believe it is facially defective because the agreement does not contain a legally precise geographical restriction. Further the trial court's self-created geographical fix, in essence rewriting and restricting the agreement to the Parish of East Baton Rouge, is also legal error. I would grant the writ and dissolve the preliminary injunction. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT