Employer-Employee: Non-Compete Clause-Finality of Judgment

Defendant appealed from the trial court’s judgment in favor of plaintiff, his former employer, in its action claiming that defendant breached the non-compete provision of his employment contract. The trial court granted injunctive relief and allowed plaintiff to file an application for attorneys’ fees, which remained pending when defendant filed his appeal.

Where the trial court’s judgment had yet to resolve the amount of attorneys’ fees to be awarded to plaintiff, the judgment was not final and thus defendant could not yet appeal.

Appeal is dismissed.

Jefferson City Medical Group, P.C. v. Brummett (MLW No. 79754/Case No. WD85467 – 14 pages) (Missouri Court of Appeals, Western District, Ahuja, J.) Appealed from circuit court, Cole County, Green, J. (David B. Helms, St. Louis; Benjamin D. Mooneyham, Carrie Savage, Kansas City, for appellant) Hallie H. Gibbs, Jefferson City; Susan F. Robertson, Kansas City; Scott R. Pool, Charles T. Hargrove, Jefferson City, for respondent)