Arnall Insurance Agency, Inc. v. Arnall

Carley, Chief Judge,

concurring specially.

While I agree that the judgment in this case should be affirmed, I cannot join in the majority’s reasoning. Specifically, contrary to the majority’s conclusion, I believe that the original employment agreement containing the covenant not to compete was clearly made “in conjunction with” the sale of a business so as to trigger the “blue pencil” severability rule of Jenkins v. Jenkins Irrigation, 244 Ga. 95 (259 SE2d 47) (1979). However, that employment agreement expired three years from January 1, 1983, and the obligations of covenant *420continued for an additional period of two years. I find no probative evidence supporting a finding that there was a viable and enforceable renewal of the employment contract subsequent to its expiration. Accordingly, the covenants restricting appellee’s activity expired on January 1, 1988, Therefore, appellee’s operation of a competing insurance business commencing on or about March 1, 1988 would not be proscribed.

Decided June 26, 1990 Rehearing denied July 16, 1990 — Cert. applied for. Glover & Davis, J. Littleton Glover, Jr., Delia T. Crouch, C. Jerry Willis, for appellant. Arnall, Golden & Gregory, Charles L. Gregory, Sanders, Mottola, Haugen & Mann, Willis G. Haugen, for appellee.