Novus Franchising, Inc. v. Dawson, No. 12-2982 (8th Cir. 2013)
Annotate this CaseNovus appealed the district court's refusal to enforce a non-compete clause against a franchisee as part of a preliminary injunction which prohibited the franchisee from using Novus's marks and products in his automotive glass repair business. The court concluded that it lacked appellate jurisdiction over Novus's claim that the district court erred in dismissing defendant's company for lack of personal jurisdiction, and dismissed that part of the appeal. The court also concluded that it did not have appellate jurisdiction over Novus's appeal of the district court's order granting defendant an additional sixty days to file and answer and, therefore, dismissed this part of the appeal. Further, the court concluded that the district court did not abuse its discretion when it determined that Novus failed to show irreparable harm under the particular facts involved in this case. Accordingly, the court affirmed the district court's preliminary injunction order.
Court Description: Civil case - Contracts. Issues regarding dismissal of a defendant for lack of personal jurisdiction and the granting of an extension of time to file an answer were not properly before the court in an appeal of an order denying injunctive relief; district court did not err in weighing the Dataphase factors or in determining that plaintiff failed to show irreparable harm justifying injunctive relief.
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