non-compete agreement

[SamMc926]

What is the name of your state? Mississippi
My business has been closed down for two weeks now by a temporary restraining order. It was filed against my partner who had a non-compete agreement with another business in our town. This partner was removed from the company by my 51% voting right (we had a partnership LLC) in mid-July with many legitimate reasons on my part. He was using our company checking account to pay his personal bills, was "borrowing" from cash register, etc. When the restraining order was filed he was no longer in business with me, but when the original complaint was filed, he was. I was not aware of either the first notice or the non-compete. What recourse do I have?

 

[loku]

A temporary restraining order is just that—temporary. When one is issued, it is supposed to remain in effect until a full hearing is given to the case. At that time the restraining order would be made permanent or dropped. What you should probably do is petition the court to drop the restraining order because it is against your ex partner, and the partnership itself has no duty not to compete. As for the procedure for doing that, I suggest you post the question on our Litigation forum.