Opinion
A21A1420
01-31-2024
BURBACH v. MOTORSPORTS OF CONYERS, LLC d/b/a Falcons Fury Harley-Davidson et al.
K. Prabhaker Reddy, for Appellant. Kevin Allen Maxim, Atlanta, Joseph Matthew Maguire Jr., for Appellee.
K. Prabhaker Reddy, for Appellant.
Kevin Allen Maxim, Atlanta, Joseph Matthew Maguire Jr., for Appellee.
Watkins, Judge.
In Burbach v. Motorsports of Conyers, 363 Ga. App. 188, 190-193 (1), 871 S.E.2d 63 (2022) this court reversed the trial court's application of Florida law to restrictive covenants between Edmund Burbach and his former employer upon holding, inter alia, that the covenants were unreasonable and, thus, violated Georgia public policy. The Supreme Court of Georgia granted certiorari and clarified the standard which should currently govern the analysis of restrictive covenants containing a foreign choice-of-law provision. Motorsports of Conyers, LLC v. Burbach, 317 Ga. 206, 209-217 (2), 892 S.E.2d 719 (2023).
We therefore vacate our earlier opinion in its entirety, adopt the Supreme Court of Georgia's opinion as our own, vacate the judgment of the trial court, and remand the case for further proceedings consistent with the Supreme Court of Georgia's opinion.
Judgment vacated md case remanded with direction.
Miller, P. J., and Hodges, J., concur.