Hart v. Marion A. Allen

Edgar Patterson Hart appealed the grant of interlocutory injunction to the Supreme Court of Georgia, which transferred the
appeal to this court. Appellant Hart was employed by appellee Marion A. Allen, Inc. (Allen, Inc.) pursuant to a solicitor's agreement, dated February
16, 1987. Allen, Inc., is a 100 percent owned family business. Appellant commenced employment as an account executive and,
at the time of his resignation, had attained the title of executive vice-president. On June 28, 1993, appellant submitted
his resignation under the authority of Article VIII of the agreement, and informed his employer he either would terminate
employment immediately or work the requisite ten days if management desired. The following day, June 29, 1993, appellant failed
to show up for work. This same day, appellee learned three insurance accounts serviced by appellant were due for renewal and
that appellant allegedly had quoted those accounts for a different insurance agency with whom appellant was negotiating employment.
The commission which Allen, Inc. should have obtained from these policies was approximately $40,000. On June 30, 1993, appellee
filed suit seeking injunction against appellant for averred violation of the restrictive covenant and proprietary information
provisions of the agreement. Following a hearing, the trial court granted interlocutory injunction on behalf of appellee.