Lawn Care Business Forum Lawn Care Business Book Lawn Care Business Blog Lawn Care Software
Home Forum Contract & Flyer Templates Blog Software Videos Podcast Calculators / Estimators Store Mower Review Design It Yourself Lawn Business School

Go Back   GopherHaul Landscaping & Lawn Care Business Marketing Forum > Business > General Business Discussions

General Business Discussions A place to talk about general business discussions.

What happens when you don't use


General Business Discussions

A place to talk about general business discussions.
Reply
 
Thread Tools Search this Thread
  #1  
Old 04-14-2006, 03:35 PM
Steve's Avatar
Steve Steve is online now
Administrator
 
Join Date: May 2003
Posts: 37,946
Rep Power: 10
Steve has disabled reputation
Default

Palm Beach Post - Dueling lawn-care businesses back in court

WEST PALM BEACH A decade-old legal dispute over the lucrative lawn-care business in Palm Beach spilled over into criminal court this week with a special prosecutor being appointed to investigate whether one landscaping company is clipping its longtime nemesis.

Palm Beach County Circuit Judge Amy Smith appointed defense attorney Robert Gershman to determine whether Amy Habie should be held in criminal contempt for violating court orders stemming from her 1996 breach-of-contract lawsuit against Scott Lewis, his wife, Carol, and their company Scott Lewis' Gardening & Trimming Inc.

But before the former assistant state attorney steps in, Smith will decide whether to hold Habie, owner of Nical of Palm Beach, in civil contempt for violating court orders, as the Lewises charge.

A four-day hearing on the civil contempt charges concluded Thursday with the Lewises' attorney predicting the end was in sight for the litigation that has consumed both sides and produced tens of thousands of pages of legal documents since Habie bought the Lewises' company for $800,000 in 1996.

The Lewises started a competing company five weeks later, prompting Habie's suit.

"It is our fervent hope that this is the end of the line," said attorney Jack Scarola. The appointment of Gershman, who could punish Habie with jail time, should persuade the ex-wife of a Guatemalan textile tycoon to abide by the terms of the civil case settlement agreement, he said.

Habie's attorneys had a different view.

Bruce Rogow, one of her high-profile legal team which has included superstar New York lawyer David Boies, blamed the non-stop litigation on the Lewises.

"They have exploited the settlement agreement in a way that is very frustrating for us," he said.

For instance, one of the contempt charges thrown at Habie this week involved two of her workers going onto the property of one of the Lewises' clients to fix a sprinkler head. The settlement agreement prohibits Nical from soliciting business from the Lewises' clients.

Smith dismissed the charge, ruling the workers made an honest mistake, Rogow said.

The charges Smith will consider are whether Habie violated her November order by not providing the Lewises with detailed financial information. Another involves Habie's company doing work for one of the Lewises' clients.

The case, that virtually all involved describe as bizarre, has been fueled by Habie's highflying associates. Since the case was filed, she has been involved in a successful international custody dispute with her ex-husband, who kidnapped her twin sons and kept them in Guatemala for eight years.

Boies, her business partner and onetime lawyer, led the federal government's successful antitrust assault on Microsoft and was a lead attorney in 2000 Democratic presidential candidate Al Gore's unsuccessful recount fight.

Rogow, however, blamed the current dispute on recent hurricanes. When Hurricanes Frances and Jeanne in 2004 and Wilma last year felled trees all over the county, phones at both companies began ringing.

The business boom exacerbated conflicts between the warring firms.

Asked how the litigation might come to an end: "We're just praying for no more hurricanes," he said.


If only they had the seller sign a non-compete contract at the time of the sale, this would never have happened. Possibly a contract barring the seller from starting another lco for at least 5 years?
__________________
- Subscribe to my Lawn Care Marketing Blog Feed and get daily tips sent to you. Free!
Download your Free trial of Gopher Lawn Care Software.
Reply With Quote

Stop guess-timating. Learn how to estimate and make money! $$$
Mow Time Estimator Lawn Care Price Estimator Mulch and Topsoil Calculator Snow Plow Estimate Calculator


  #2  
Old 04-14-2006, 05:09 PM
tiedeman
Guest
 
Posts: n/a
Default

Lawn care business tipsLawn Care Business Book
When I had employees they could not work for another lawn care company for a minimum 1 year after termination, in a 30 mile radius. *It was perfectly legal too, talk with my lawyer about it, and it was good to go.
Reply With Quote
  #3  
Old 04-15-2006, 02:04 PM
Steve's Avatar
Steve Steve is online now
Administrator
 
Join Date: May 2003
Posts: 37,946
Rep Power: 10
Steve has disabled reputation
Default

That was good foresight on your part. Maybe you will need to use these contracts again in the future if you hire staff as you grow.
__________________
- Subscribe to my Lawn Care Marketing Blog Feed and get daily tips sent to you. Free!
Download your Free trial of Gopher Lawn Care Software.
Reply With Quote
Reply

Bookmarks

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Forum Jump

» Recent Threads
  RatingTitle, Username, & Date Last Post Replies Views
Hello from Centreville!
Daveylawns
Yesterday 09:04 AM
Today 04:08 PM
by Steve
1 32
Laying new grass, Sod...
WarriorLandscapingCAN
Yesterday 10:07 AM
Yesterday 08:41 PM
by Steve
1 30
I need some aeration...
rootytalbot
08-14-2015 12:32 PM
Yesterday 09:06 AM
by Daveylawns
10 3,733
To mow weekly or Biweekly
WarriorLandscapingCAN
05-11-2016 04:09 PM
05-22-2016 11:45 AM
by jrs.landscaping
8 241
Prolin
rmccutchan
05-21-2016 04:53 PM
05-21-2016 06:36 PM
by rmccutchan
2 49
Upgraded to a new mower
Stevenor92
05-17-2016 08:17 PM
05-20-2016 07:08 PM
by Stevenor92
8 164
Intro
LaraRahmani
05-18-2016 02:54 PM
05-19-2016 02:43 PM
by Steve
2 87
Best Push Mower You Have...
markty
05-14-2016 03:46 PM
05-18-2016 07:34 PM
by Stevenor92
4 155
New mower!!!!
Stevenor92
05-18-2016 03:46 AM
05-18-2016 06:39 PM
by Stevenor92
2 88
Say Hello !!!
Steve
03-19-2007 11:18 AM
05-18-2016 02:59 PM
by LaraRahmani
1,249 434,417
Stupid idea?
hopolb33
05-13-2016 11:25 AM
05-16-2016 11:22 AM
by Steve
1 123
Planting SKYBOUND CEDARS
FrankieeLawnz
05-13-2016 03:59 PM
05-16-2016 11:21 AM
by Steve
1 111
Edging Fad...
Tree geek
05-10-2016 11:29 PM
05-15-2016 11:12 PM
by Tree geek
2 160
Business Overload
Chilehead
05-06-2016 09:27 PM
05-13-2016 11:15 AM
by Steve
11 347
Hello from great state...
Cel1980
05-11-2016 09:00 AM
05-13-2016 11:07 AM
by Steve
2 132
Did this job free to...
JJand M Lawncare
05-02-2016 02:33 PM
05-11-2016 03:54 PM
by JJand M Lawncare
10 391
How to tell Cust. to...
GeeGood
04-09-2008 09:55 PM
05-09-2016 07:08 PM
by JJand M Lawncare
16 5,485
Echo SRM 230 trouble.
Jack Rabbit
05-08-2016 06:16 PM
05-08-2016 11:22 PM
by Just for Cuts
1 134
Toro ZTR Issues
rsanchez1203
05-06-2016 09:27 PM
05-07-2016 10:26 AM
by Steve
2 151
Correct way to quote a...
WarriorLandscapingCAN
05-02-2016 11:52 AM
05-03-2016 10:59 AM
by Steve
1 259
Having an issue with...
Mr. Mow
04-27-2016 03:58 PM
04-28-2016 05:04 AM
by Sprinkler Buddy
2 275
Hello From Virginia
JJand M Lawncare
04-25-2016 01:02 PM
04-27-2016 05:20 PM
by Steve
5 311
knowledge is Key
Greg'slawnandlandscape
04-23-2016 02:23 AM
04-25-2016 02:40 PM
by Steve
2 293
Hello from Calgary
Freshcut
04-22-2016 06:10 PM
04-25-2016 02:38 PM
by Steve
1 258
» Popular Tags
advertising become an entrepreneur best mower be your own boss break business education business help business management contractor hacks deck lift dethatcher edging entrepreneur entrepreneur education estimates free lawn care fuel problems fuel pump half moon blade hydro increase customers jjandm lawncare landscape landscape design landscaping landscaping design company landscaping richmond va landscping lawncare lawn mowing lawnservice lowering grade marketing mulch new business planting plowing raising grade residential lawn care richmond va richmond virginia lawn care roundup safety scag snowblower snow plowing snow shovel solo solo backpack sprayer start a business start a lawn care business start business start up swzt toro timecutter tree tree pics tree service video walk behind what to charge work from home
Powered by vBadvanced CMPS v3.1.0

All times are GMT -5. The time now is 07:40 PM.


(C) 2011 Riggs Publications - Terms of use & Privacy Policy

All times are GMT -5. The time now is 07:40 PM.

(C) 2011 Riggs Publications - Terms of use & Privacy Policy