ALL AMERICAN HEALTHCARE, L.L.C. AND NELSON J. CURTIS, III, D.C.
BENJAMIN DICHIARA, D.C.
APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 759-750, DIVISION
"A" HONORABLE RAYMOND S. STEIB, JR., JUDGE
COUNSEL FOR PLAINTIFF/APPELLANT, ALL AMERICAN HEALTHCARE,
L.L.C. AND NELSON J. CURTIS, III, D.C. John A. Venezia, Julie
COUNSEL FOR DEFENDANT/APPELLEE, BENJAMIN DICHIARA, D.C. David
composed of Judges Marc E. Johnson, Robert A. Chaisson, and
Hans J. Liljeberg
E. JOHNSON, JUDGE
All American Healthcare, L.L.C. and Nelson J. Curtis, III,
D.C. (hereinafter collectively referred to as "All
American"), appeal the granting of a partial summary
judgment in favor of Defendant/Appellee, Benjamin Dichiara,
D.C., and dismissal of their claims for breach of the
employee non-solicitation agreement with prejudice from the
24th Judicial District Court, Division
"A". For the following reasons, we affirm.
AND PROCEDURAL HISTORY
following facts are pertinent to this appeal.
to the pleadings, Dr. Benjamin Dichiara began working for All
American as a licensed chiropractor in August of 2009. Dr.
Curtis was the sole member of All American and used the
limited liability company for payroll purposes. Dr. Dichiara
began his employment working in All American's Covington
office, and subsequently operated the company's New
Orleans location. On October 14, 2009, Dr. Dichiara entered
into a "Professional Employment Agreement"
(hereinafter referred to as the "2009 Employment
Agreement") with All American Medical and Chiropractic,
LLC, through its duly authorized representative, Dr. Curtis.
The 2009 Employment Agreement contained various provisions
pertaining to Dr. Dichiara's employment and termination,
specifically, defining the terms of employment, a non-compete
clause, and a non-interference clause. According to the 2009
Employment Agreement, the agreement was binding between the
parties for two years from the date of execution.
January 15, 2014, Dr. Dichiara signed a document entitled
"NON-COMPETITION AND NON-INTERFERENCE AGREEMENT FOR ALL
AMERICAN MEDICAL & CHIROPRACTIC" (hereinafter
referred to as the "2014 Employment Agreement").
The 2014 Employment Agreement referred to the parties to the
agreement as the practice, Dr. Curtis, and the professional,
Dr. Dichiara. The two-page 2014 Employment Agreement stated,
in pertinent part:
a. Noncompete: For the duration of the Term and for 24 months
thereafter, the Professional will not become employed by, or
own or control any interest in, or act as an officer,
director, consultant or adviser, to any person, firm,
partnership, company, or corporation carrying on or engaged
in a business in Tangipahoa Parish, St. Tammy Parish,
Livingston Parish, Jefferson Parish, ...