Akron Pest Control v. Radar Exterminating Co., 455 S.E.2d 601 (Ga. Ct. App. 1995). · Go Syfert
Akron Pest Control v. Radar Exterminating Co., 455 S.E.2d 601 (Ga. Ct. App. 1995). Cases Citing This Book View Copy Cite
117 citation events (93 in the last 25 years) across 14 distinct courts.
Strongest positive: Somerson v. McMahon (gand, 2012-08-24)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 42 distinct citers. How cited ↗
examined Cited as authority (quoted) Somerson v. McMahon (2×)
N.D. Ga. · 2012 · quote attribution · 2 verbatim quotes · confidence low
it is well established that monetary relief is not authorized under ; the act authorizes only equitable relief.
discussed Cited as authority (quoted) Opinion No.
Tex. Att'y Gen. · 2007 · quote attribution · 1 verbatim quote · confidence low
the term implies personal petition and importunity addressed to a particular individual to do some particular thing.
discussed Cited as authority (rule) Kibble & Prentice Holding Company v. Tilleman
D. Idaho · 2022 · confidence medium
Ga. Dec. 9, 2016) (holding that an employee did not directly or indirectly solicit former clients when she informed them she was no longer working for her former employer) and Akron Pest Control v. Radar Exterminating Co., 216 Ga.App. 495 , 455 S.E.2d 601, 603 (holding that the mere acceptance of business from former clients did not constitute indirect solicitation) (Ga. Ct. App. 1995); see also Aitkin, --- F. Supp. 3d ---, 2022 WL 2158733 , at *10. “[M]erely informing customers of a change in employment does not constitute solicitation.
discussed Cited as authority (rule) Prakash I. Patel v. Shama R. Patel (2×)
Ga. Ct. App. · 2022 · confidence medium
“The language which the parties have used will be looked 10 to for the purpose of finding that intention, which when it is once ascertained will prevail over all other considerations, in determining the nature of the agreement.” Akron Pest Control v. Radar Exterminating Co., 216 Ga. App. 495, 497 (1) ( 455 SE2d 601 ) (1995) (citation and punctuation omitted).
cited Cited as authority (rule) LAURA FRANCES SMITH v. LANE DERMATOLOGY
Ga. Ct. App. · 2021 · confidence medium
Akron Pest Control v. Radar Exterminating Co., 216 Ga. App. 495, 497 (1) ( 455 SE2d 601 ) (1995); see also Murphree v. Yancey Bros.
discussed Cited as authority (rule) United HealthCare Services, Inc. v. Corzine
S.D. Ohio · 2021 · confidence medium
Under this interpretation, “merely accepting business, without taking any other action to obtain it, does not constitute solicitation.” Id. at *11 (citing Akron Pest Control v. Radar Exterminating Co., 455 S.E.2d 601, 603 (Ga. Ct. App. 1995)) (internal quotations omitted).
discussed Cited as authority (rule) Wind Logistics Professional, LLC v. Universal Truckload, Inc. (2×) also: Cited "see"
N.D. Ga. · 2019 · confidence medium
The Court in Akron Pest Control v. Radar Exterminating Co., 455 S.E.2d 601, 603 (Ga. Ct. App. 1995) used Black’s Law Dictionary to define solicit, finding in part that “[t]he term implies personal petition and importunity addressed to a particular individual to do some particular thing.” (citing Solicit, Black’s Law Dictionary (6th ed. 1990).
cited Cited as authority (rule) Janet Bearoff v. Charles Thomas Craton, III
Ga. Ct. App. · 2019 · confidence medium
Akron Pest Control v. Radar Exterminating Co., 216 Ga. App. 495, 498 (2) ( 455 SE2d 601 ) (1995).
discussed Cited as authority (rule) Legal Technology Group, Inc. v. Mukerji
D.D.C. · 2019 · confidence medium
The remaining cases cited by Mukerji do not dictate otherwise, as they simply conclude that “[m]erely accepting business,” without taking any other action to obtain it, “does not . . . constitute solicitation.” Akron Pest Control v. Radar Exterminating Co., 455 S.E.2d 601, 603 (Ga. Ct. App. 1995) (concluding that a “nonsolicitation agreement could [not] be violated by failing to turn away the business of former customers”); see, e.g., J.K.R., Inc. v. Triple Check Tax Serv., Inc., 736 So. 2d 43, 44 (Fla. Dist.
discussed Cited as authority (rule) THE DIGITAL GROUP, INC. VS. SAGITEC SOLUTIONS, LLC(C-0216-13, MIDDLESEX COUNTY AND STATEWIDE)
N.J. Super. Ct. App. Div. · 2017 · confidence medium
Pa. 2010) (defining "solicit" as including conduct such as appealing, applying, asking or personally petitioning another individual to obtain something from them, as set forth in Black's Law Dictionary 1392 (6th ed. 1990)); Akron Pest Control v. Radar Exterminating Co., Inc., 455 S.E. 2d 601, 602-03 (Ga. Ct. App. 1995) (relying upon the definition of "solicit" as set forth in Black's Law Dictionary 1392 (6th ed. 1990)).
discussed Cited as authority (rule) Ashline v. Marinas USA, L.P.
Ga. Ct. App. · 2016 · confidence medium
Akron Pest Control v. Radar Exterminating Co., 216 Ga. App. 495, 497 (1) ( 455 SE2d 601 ) (1995) (noting that courts may turn to a dictionary for the plain, ordinary, and popular sense of a word in interpreting contracts).
discussed Cited as authority (rule) Hines v. Railserve, Inc.
Ga. Ct. App. · 2014 · confidence medium
Cf. OCGA § 1-3-1 (b) (“In all interpretations of statutes, the ordinary signification shall be applied to all words____”); Akron Pest Control v. Radar Exterminating Co., 216 Ga. App. 495, 497 (1) ( 455 SE2d 601 ) (1995) (noting that courts may turn to a dictionary for the plain, ordinary, and popular sense of a word in interpreting contracts).
discussed Cited as authority (rule) Colby Hines v. Railserve, Inc.
Ga. Ct. App. · 2014 · confidence medium
Cf. OCGA § 1-3-1 (b) (“In all interpretations of statutes, the ordinary signification shall be applied to all words . . . .”); Akron Pest Control v. Radar Exterminating Co., 216 Ga. App. 495, 497 (1) ( 455 SE2d 601 ) (1995) (noting that courts may turn to a dictionary for the plain, ordinary, and popular sense of a word in interpreting contracts). 14 See Restatement (Second) of Agency § 213 cmt. a (1958) (“The rule stated in this Section is not based upon any rule of the law of principal and agent or of master and servant.
examined Cited as authority (rule) James P. Garrett v. Southern Health Corporation of Ellijay, Inc. (3×)
Ga. Ct. App. · 2013 · confidence medium
A dictionary can supply the plain and ordinary 13 meaning of a term, see Akron Pest Control v. Radar Exterminating Co., 216 Ga. App. 495, 497 (1) ( 455 SE2d 601 ) (1995), “[b]ut a dictionary does not always provide a complete answer.” Archer Western Contractors, Ltd. v. Estate of Pitts, __ Ga. __ (2) (Case Nos.
examined Cited as authority (rule) Garrett v. Southern Health Corp. of Ellijay, Inc. (3×)
Ga. Ct. App. · 2013 · confidence medium
A dictionary can supply the plain and ordinary meaning of a term, see Akron Pest Control v. Radar Exterminating Co., 216 Ga. App. 495, 497 (1) ( 455 SE2d 601 ) (1995), “[b]ut a dictionary does not always provide a complete answer.” Archer Western Contractors, Ltd. v. Estate of Pitts, 292 Ga. 219, 224 (2) ( 735 SE2d 772 ) (2012).
discussed Cited as authority (rule) Meyer-Chatfield v. Century Business Servicing, Inc.
E.D. Pa. · 2010 · confidence medium
The court held that an agreement “not to solicit, either directly or indirectly, any current or past customers” requires more than “[mjerely accepting business [to] constitute a solicitation of that business.” Id. at 601, 603 .
discussed Cited as authority (rule) Fine v. Communication Trends, Inc. (2×) also: Cited "see"
Ga. Ct. App. · 2010 · confidence medium
See also *307 Singer v. Habif Arogeti & Wynne, PC., 250 Ga. 376, 377 (1) ( 297 SE2d 473 ) (1982) (holding that a restrictive covenant was unreasonable and overprotective since it would prohibit the employee from accepting employment from a former client who approached him for services, without any prior solicitation on his part); Akron Pest Control v. Radar Exterminating Co., 216 Ga. App. 495, 497 (1) ( 455 SE2d 601 ) (1995) (ruling that solicitation requires some affirmative action on the employee’s part; the employee’s mere acceptance of business did not in any sense constitute solicitat…
discussed Cited as authority (rule) Wachovia Insurance Services, Inc. v. Fallon
Ga. Ct. App. · 2009 · signal: cf. · confidence medium
Cf. Akron Pest Control v. Radar Exterminating Co., 216 Ga. App. 495, 497 (1) ( 455 SE2d 601 ) (1995) (no violation of covenant prohibiting solicitation of former employer’s clients where defendant did not actively solicit client but merely accepted client’s business).
discussed Cited as authority (rule) Service Merchandise Co. v. Hunter Fan Co.
Ga. Ct. App. · 2005 · confidence medium
Smith II Ga. World Congress Center Auth. v. Soft Comdex, Inc., 250 Ga. App. 461, 462 ( 550 SE2d 704 ) (2001). 7 OCGA § 13-2-3. 8 Akron Pest Control v. Radar Exterminating Co., 216 Ga. App. 495, 497 (1) ( 455 SE2d 601 ) (1995). 9 See Ga. State Tel.
discussed Cited as authority (rule) Waldeck v. Curtis 1000, Inc.
Ga. Ct. App. · 2003 · confidence medium
Grace & Co., supra; Singer v. Habif, Arogeti & Wynne, P.C., 250 Ga. 376, 377 (1) ( 297 SE2d 473 ) (1982); Orkin Exterminating Co. v. Walker, 251 Ga. 536, 539 (2) (b) ( 307 SE2d 914 ) (1983). 9 222 Ga. 127, 129-130 ( 149 SE2d 81 ) (1966). 10 226 Ga. 593, 596-597 ( 176 SE2d 71 ) (1970). 11 244 Ga. 169 ( 259 SE2d 433 ) (1979). 12 Bennett, supra. 13 Coffee System of Atlanta, supra. 14 Marcoin, supra at 171 (1). 15 See, e.g., Pregler, supra; Habif, Arogeti & Wynne, supra at 295-296 (2) (c); Akron Pest Control v. Radar Exterminating Co., 216 Ga. App. 495, 497 ( 455 SE2d 601 ) (1995); Dougherty, McKi…
discussed Cited as authority (rule) FCE Benefit Administrators, Inc. v. George Washington University
D.D.C. · 2002 · confidence medium
Proposed Findings of Fact and Conclusions of Law at 26-28.) Rather, she engaged in “affirmative action,” Akron Pest Control v. Radar Exterminating Co., Inc., 216 Ga. App. 495 , 455 S.E.2d 601, 603 (1995), and thus, her actions are distinguishable from the facts underlying the cases cited by defendant.
discussed Cited as authority (rule) George L. Smith II Georgia World Congress Center Authority v. Miller Brewing Co.
Ga. Ct. App. · 2002 · confidence medium
“The language which the parties have used will be looked to for the purpose of finding that intention, which *644 when it is once ascertained will prevail over all other considerations, in determining the nature of the agreement.” (Citations and punctuation omitted.) Akron Pest Control v. Radar Exterminating Co., 216 Ga. App. 495, 497 (1) ( 455 SE2d 601 ) (1995).
discussed Cited as authority (rule) Southwest Georgia Area Health Education Center, Inc. v. Rowell
Ga. Ct. App. · 2001 · confidence medium
Here, the only claimed ambiguity is with “assistance in arranging use of required textbooks.” In this instance, unlike when considering the contract provisions regarding assistance with clinical rotations and housing, the trial court went beyond the four comers of the contract and engaged in speculation to conclude that “assistance” with regard to textbooks meant that SOWEGA would provide all required textbooks at no charge to Rowell. “ A word or [a] phrase is ambiguous when it is of uncertain meaning and may be fairly understood in more ways than one.’ [Akron Pest Control v. Radar…
discussed Cited as authority (rule) Jakel v. FOUNTAINHEAD DEVELOPMENT CORP.
Ga. Ct. App. · 2000 · confidence medium
“If the terms used [in a contract] are clear and unambiguous they are to be taken and understood in their plain, ordinary, and popular sense.” (Citations and punctuation omitted.) Akron Pest Control v. Radar Exterminating Co., 216 Ga. App. 495, 497 ( 455 SE2d 601 ) (1995).
discussed Cited as authority (rule) Garrett v. Women's Health Care of Gwinnett, P.C.
Ga. Ct. App. · 2000 · confidence medium
Svcs. v. Marcola, 231 Ga. App. 144, 149 (7) ( 497 SE2d 679 ) (1998). 9 Mark Six Realty Assoc. v. Drake, 219 Ga. App. 57, 61 (2) (b) ( 463 SE2d 917 ) (1995). 10 (Punctuation omitted.) J-Mart Jewelry Outlets v. Standard Design, 218 Ga. App. 459, 460 (1) ( 462 SE2d 406 ) (1995). 11 Id. 12 Marcola, supra. 13 Clark v. Cauthen, 239 Ga. App. 226, 228 (2) ( 520 SE2d 477 ) (1999). 14 (Punctuation omitted.) Hixson v. Hickson, 236 Ga. App. 894, 895 (1) ( 512 SE2d 648 ) (1999). 15 Odem v. Pace Academy, 235 Ga. App. 648, 652 (1) ( 510 SE2d 326 ) (1998). 16 (Citations and punctuation omitted.) Gram Corp. v.…
discussed Cited as authority (rule) Wickliffe v. Wickliffe Co., Inc. (2×) also: Cited "see"
Ga. Ct. App. · 1997 · confidence medium
Co., 216 Ga. App. 495, 497 ( 455 SE2d 601 ) (1995).
discussed Cited as authority (rule) Elliott v. McDaniel
Ga. Ct. App. · 1997 · confidence medium
With respect to the propriety of our reviewing an appeal from a judgment for specific performance, “[t]his court is without jurisdiction to consider a claim sounding in equity unless the relief sought is *853 merely incidental to an underlying legal question.” (Emphasis in original.) Akron Pest Control v. Radar Exterminating Co., 216 Ga. App. 495, 498 ( 455 SE2d 601 ) (1995).
cited Cited as authority (rule) Tolbert v. Whatley
Ga. Ct. App. · 1996 · confidence medium
Ill (2); see Beauchamp v. Knight, 261 Ga. 608, 609 (1), 610, n. 1 ( 409 SE2d 208 ) (1991); Akron Pest Control v. Radar Exterminating Co., 216 Ga. App. 495, 498 (2) ( 455 SE2d 601 ) (1995).
discussed Cited "see" USI Insurance Services LLC v. Tillman (2×) also: Cited "see, e.g."
S.D. Ga. · 2024 · signal: see · confidence high
See Akron Pest Control, 455 S.E.2d at 602–03.
discussed Cited "see" Johnny Wilson v. Clark Atlanta University, Inc. (2×)
Ga. Ct. App. · 2016 · signal: see · confidence high
See Akron Pest Control v. Radar Exterminating Co., 216 Ga. App. 495, 497 (1) ( 455 SE2d 601 ) (1995).
discussed Cited "see" Citrus Tower Boulevard Imaging Center, LLC v. Owens (2×)
Ga. Ct. App. · 2013 · signal: see · confidence high
See generally Akron Pest Control v. Radar Exterminating Co., 216 Ga. App. 495, 497 (1) ( 455 SE2d 601 ) (1995) (noting that courts may turn to a dictionary for the plain, ordinary, and popular sense of a word in interpreting contracts).
discussed Cited "see" David Owens Md, P.C. v. Citrus Tower Boulevard Imaging Center, LLC (2×)
Ga. Ct. App. · 2013 · signal: see · confidence high
See generally Akron Pest Control v. Radar Exterminating Co., 216 Ga. App. 495, 497 (1) ( 455 SE2d 601 ) (1995) (noting that courts may turn to a dictionary for the plain, ordinary, and popular sense of a word in interpreting contracts). 15 to perform some intended . . . function.” 36 Thus, consistent with the findings of the trial court, we conclude that, viewing the Lease as a whole,37 the Imaging Center became “functionally operational” when it was ready to perform its intended function.
examined Cited "see" Aluminum Shake Roofing, Inc. v. Hirayasu (4×)
Haw. · 2006 · signal: see · confidence high
See Akron Pest Control v. Radar Exterminating Co., Inc., 216 Ga.App. 495 , 455 S.E.2d 601, 603 (1995) (stating that the term "implies personal petition and importunity addressed to a particular individual to do some particular thing") (citing Black's Law Dictionary 1392 (6th ed.1990)); Koffler v. Joint Bar Ass'n, 51 N.Y.2d 140 , 432 N.Y.S.2d 872 , 412 N.E.2d 927, 931 (1980) ("`solicit' means to move to action, to endeavor to obtain by asking, and implies personal petition to a particular individual to do a particular thing") (citing Webster's Third New International Dictionary 2169; Black's La…
discussed Cited "see" Habif, Arogeti & Wynne, P.C. v. Baggett (2×)
Ga. Ct. App. · 1998 · signal: see · confidence high
See Akron Pest Control v. Radar Exterminating Co., 216 Ga. App. 495, 497 ( 455 SE2d 601 ) (1995) (solicit means to take affirmative action).
discussed Cited "see" Friedlander v. HMS-PEP PRODUCTS, INC. (2×)
Ga. Ct. App. · 1997 · signal: see · confidence high
See Akron Pest Control v. Radar Exterminating Co., 216 Ga. App. 495, 498 (2) ( 455 SE2d 601 ) (1995). 4 Friedlander does not allege that Pep infringed on his patent, that he is a consumer of Pep’s products who has been damaged by the products, or that Pep’s products ever misled him. 5 Friedlander’s affidavit attached to his supplemental appellate brief stating that Pep’s activities have reduced his royalties cannot be considered by this Court, as it is not contained in the record.
discussed Cited "see" Sagon Motorhomes, Inc. v. Southtrust Bank of Georgia, N.A. (2×)
Ga. Ct. App. · 1997 · signal: see · confidence high
See Akron Pest Control v. Radar Exterminating Co., 216 Ga. App. 495, 497 (1) ( 455 SE2d 601 ) (1995) (contract clear and unambiguous based on plain meaning of words used).
cited Cited "see, e.g." Gallagher Benefit Services, Inc. v. Campbell
N.D. Ga. · 2021 · signal: see also · confidence medium
See also Akron Pest Control v. Radar Exterminating Co., 216 Ga. App. 495, 497 (1995) (listing actions that could be considered a solicitation).
discussed Cited "see, e.g." City of Rome, Georgia v. Hotels.com, L.P. (2×)
11th Cir. · 2013 · signal: see also · confidence low
See Friedlander v. HMS-PEP Products, Inc., 226 Ga.App. 123, 124 , 485 S.E.2d 240 (1997); see also *902 Akron Pest Control v. Radar Exterminating Co., Inc., 216 Ga.App. 495, 498 , 455 S.E.2d 601 (1995).
discussed Cited "see, e.g." Torres v. Elkin (2×)
Ga. Ct. App. · 2012 · signal: see also · confidence medium
See McReynolds, 290 Ga. at 853 (2); Frickey, 280 Ga. at 573-76 ; see also Akron Pest Control v. Radar Exterminating Co., 216 Ga. App. 495, 497 (1) ( 455 SE2d 601 ) (1995) (indicating that courts may turn to a dictionary for the plain, ordinary, and popular sense of a word in interpreting contracts); see also The Compact Oxford English Dictionary (2d ed. 1989) (defining “to trust” as, inter alia, “to rely or depend on”).
discussed Cited "see, e.g." Jason Torres v. Cassandra Elkin (2×)
Ga. Ct. App. · 2012 · signal: see also · confidence medium
Please check with the UIM carrier on waiving their subrogation allowing us to settle with the Release in Full.”41 In the case sub judice, Torres neither offered to satisfy the liens arising from the accident nor made representations regarding the existence or nonexistence of liens.42 And Infinity’s purported acceptance did not simply inquire whether Torres would agree to satisfy any liens or state its current understanding of the matter.43 Rather, the language stating, “I trust that your office will satisfy any liens arising out of this matter,” is sufficiently insistent to indicate a …
discussed Cited "see, e.g." Sysco Food Services of Atlanta, Inc. v. Chupp (2×)
Ga. Ct. App. · 1997 · signal: see, e.g. · confidence medium
See, e.g., Akron Pest Control v. Radar Exterminating Co., 216 Ga. App. 495, 497 ( 455 SE2d 601 ) (1995), and cases cited therein.
discussed Cited "see, e.g." Faircloth v. A. L. Williams & Associates, Inc. (2×)
Ga. Ct. App. · 1995 · signal: see, e.g. · confidence medium
See, e.g., Akron Pest Control v. Radar Exterminating Co., 216 Ga. App. 495, 497 (1) ( 455 SE2d 601 ) (1995).
Retrieving the full opinion text from the archive…
AKRON PEST CONTROL Et Al.
v.
RADAR EXTERMINATING COMPANY, INC.
A94A2801.
Court of Appeals of Georgia.
Mar 6, 1995.
455 S.E.2d 601
Harman, Owen, Saunders & Sweeney, Timothy J. Sweeney, for appellants., Decker & Hallman, Richard P. Decker, Peter V. Hasbrouck, for appellee.
Smith, McMurray, Pope.
Cited by 49 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 91%
Citer courts: N.D. Georgia (2) · Texas Attorney General Reports (1)
Smith, Judge.

We granted appellants’ application for interlocutory review to address the question of whether an agreement “not to solicit, either directly or indirectly, any current or past customers” of appellee may[*496] possibly be construed as requiring appellants to turn away clearly unsolicited business.

The underlying facts are not in material dispute. In December 1990, appellant Donald Sellers redeemed his 3,300 shares of common stock in Active Pest Control, Inc., pursuant to a Stock Redemption Agreement. Nonparty Donald Lackey then became sole shareholder of Active, which has since merged into appellee Radar Exterminating Company, Inc. (“Radar”). As part of the transaction, Sellers also entered into a nondisclosure/nonsolicitation agreement in which he agreed “not to solicit, either directly or indirectly any current or past customers or current employees of Buyer, (or in the event of a merger, Radar Exterminating Company, Incorporated) whether as a proprietor, partner, joint venture, employer, agent, consultant, officer, or beneficial or record owner for the purpose of providing pest control services of the kind which Buyer provides as its business.” The restrictions were to last “for a period of two years from the closing date.”

Sellers soon thereafter established corporate appellant Akron Pest Control, Inc. (“Akron”). It is undisputed that Akron did business with former customers of Active (now Radar) within the two-year period covered by the nondisclosure/nonsolicitation agreement. All of the evidence presented shows, however, that Sellers in no way sought out the former Active customers who subsequently did business with him through Akron.

Radar brought suit against Sellers and Akron for breach of contract, tortious interference with contractual relations, and an alleged violation of the Uniform Deceptive Trade Practices Act. Sellers and Akron counterclaimed against Radar for sums due under two promissory notes executed by Active prior to its merger with Radar. Sellers and Akron moved for summary judgment on all counts of the complaint and counterclaim, which was denied. The trial court certified the order for immediate review, and Sellers and Akron petitioned this court seeking interlocutory review. The application was granted, and this appeal followed.

1. Sellers contends he in no way solicited former clients and the trial court erred in finding a jury question remaining on this issue. Radar does not dispute the state of the evidence presented on this issue, but instead takes the position that the nondisclosure language “could be understood by the parties to mean that Appellant Sellers would refuse and, in fact, turn away pest control business if contacted by any customers on Exhibit ‘B’ of the Verified Complaint and refuse to hire and, in fact, turn away employees of Active/Radar as of the date of the stock sale if they came to him looking for employment.” (Emphasis supplied.) We disagree.

“The cardinal rule in the construction of contracts is to ascertain[*497] the intention of the parties. The language which the parties have used will be looked to for the purpose of finding that intention, which when it is once ascertained will prevail over all other considerations, in determining the nature of the agreement. The question remaining is whether the language of the contract creates an ambiguity which may be explained by parol. A word or phrase is ambiguous when it is of uncertain meaning and may be fairly understood in more ways than one. Language which is unambiguous will not be construed as ambiguous based on extrinsic circumstances. Where the language of a contract is plain and unambiguous, no construction is required or permissible and the terms of the contract must be given an interpretation of ordinary significance. If the terms used are clear and unambiguous they are to be taken and understood in their plain, ordinary, and popular sense. Dictionaries supply the plain, ordinary and popular sense.” (Citations, punctuation, and emphasis omitted.) Race, Inc. v. Wade Leasing, 201 Ga. App. 340, 341 (1) (411 SE2d 56) (1991).

“Webster’s New Inti. Dictionary, 2d ed., defines ‘solicit’ as ‘to entreat, importune ... to endeavor to obtain by asking or pleading . . . to urge. . . .’” Mgmt. Compensation Group/Southeast v. United Security Employee Programs, 194 Ga. App. 99, 102 (2) (389 SE2d 525) (1989). The word has been otherwise defined as: “To appeal for something; to apply to for obtaining something; to ask earnestly; to ask for the purpose of receiving; to endeavor to obtain by asking or pleading; to entreat, implore, or importune; to make petition to; to plead for; to try to obtain; and though the word implies a serious request, it requires no particular degree of importunity, entreaty, imploration, or supplication. [Cit.] To awake or incite to action by acts or conduct intended to and calculated to incite the act of giving. [Cit.] The term implies personal petition and importunity addressed to a particular individual to do some particular thing.” Black’s Law Dictionary, p. 1392 (6th ed. 1990).

The phrase “not to solicit. . . indirectly,” though undisputedly a broad statement of the parties’ intent with respect to the activity in which Sellers agreed not to engage, is not ambiguous. See Citadel Corp. v. Sun Chemical Corp., 212 Ga. App. 875, 876 (2) (443 SE2d 489) (1994); Manderson & Assoc. v. Gore, 193 Ga. App. 723, 730 (5) (389 SE2d 251) (1989). For Sellers to violate the written nonsolicitation agreement at issue would require some affirmative action on his part that could be considered a solicitation in the broadest possible sense. Marcoin, Inc. v. Waldron, 244 Ga. 169, 171 (1) (259 SE2d 433) (1979). Radar informs us of no act by Sellers that could possibly be considered a solicitation. Merely accepting business that Sellers was forbidden otherwise to seek out for a period of time does not in any sense constitute a solicitation of that business. Id.

Sellers and Akron are entitled to summary judgment on the ques[*498] tion of whether the nonsolicitation agreement could be violated by failing to turn away the business of former customers of Active. Therefore, except as to Count 4 of Radar’s complaint, the judgment is reversed.

2. It is well established that monetary relief is not authorized under the Uniform Deceptive Trade Practices Act, OCGA § 10-1-370 et seq. Magliaro v. Lewis, 203 Ga. App. 632, 634-635 (3) (417 SE2d 395) (1992); the Act authorizes only equitable relief. Id. The trial court therefore erred in failing to grant the motion for summary judgment of Sellers and Akron to the extent of Radar’s claim for damages under that Act.

However, this does not end the inquiry. The arguments of Sellers and Akron on this issue focus solely on whether the undisputed facts in this case make any relief under OCGA § 10-1-370 inappropriate as a matter of law; in effect, they seek a determination in this court that an injunction under the Act should not issue against them. That issue, however, is not before us.

This court is without jurisdiction to consider a claim sounding in equity unless the relief sought is merely incidental to an underlying legal question. Beauchamp v. Knight, 261 Ga. 608 (409 SE2d 208) (1991); Ga. Const. 1983, Art. VI, Sec. VI, Par. 111 (2). In this case, Sellers and Akron argue that by undisputed evidence, the Active and Akron logos have been shown not to be confusingly similar as a matter of law. That issue of similarity is clearly a “substantive issue of equity in this interlocutory appeal,” Beauchamp, supra at 609, and therefore a matter within the jurisdiction of the Supreme Court. This is illustrated by the fact that the eight cases discussed in the parties’ briefs on appeal are all Supreme Court decisions: Elite Personnel v. Elite Personnel Sucs., 259 Ga. 192 (378 SE2d 117) (1989); Diedrich v. Miller & Meier &c. Architects & Planners, 254 Ga. 734 (334 SE2d 308) (1985); Reis v. Ralls, 250 Ga. 721 (301 SE2d 40) (1983); Dolphin Homes Corp. v. Tocomc Dev. Corp., 223 Ga. 455 (156 SE2d 45) (1967); Fraser v. Singer, 211 Ga. 26 (83 SE2d 599) (1954); First Fed. Savings &c. Assn. v. First Finance &c. Corp., 207 Ga. 695, 697 (64 SE2d 58) (1951); Gano v. Gano, 203 Ga. 637 (47 SE2d 741) (1948); Seybold Baking Co. v. Derst Baking Co., 196 Ga. 391 (26 SE2d 536) (1943).

In their statement of jurisdiction required by OCGA § 5-6-37, Sellers and Akron affirmatively aver that this case “involves solely contract and tort claims and counterclaims seeking monetary relief.” All questions within their statement of jurisdiction have been answered, and we have reversed the trial court to the extent of any and all such claims for “monetary relief.” The case is therefore remanded for such further proceedings as may be necessary to resolve appellee’s remaining claim for equitable relief under the Deceptive Trade[*499] Practices Act.

Decided March 6, 1995. Harman, Owen, Saunders & Sweeney, Timothy J. Sweeney, for appellants. Decker & Hallman, Richard P. Decker, Peter V. Hasbrouck, for appellee.

Judgment reversed and remanded.

McMurray, P. J., and Pope, P. J., concur.