Overhead Material Handling

1. Overhead Material Handling, Inc. appeals from an order dismissing its complaint alleging that former employee, Thomas Potratz, is engaged in employment which violates a covenant not to compete. Overhead argues that the circuit court could not determine the enforceability of the covenant without consideration of evidentiary material submitted by way of a motion for summary judgment or at trial. We conclude that the circuit court properly determined that as a matter of law the covenant is unenforceable. We affirm the order of dismissal.