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Call Now: 904-383-7448The person seeking enforcement of a restrictive covenant shall plead and prove the existence of one or more legitimate business interests justifying the restrictive covenant. If a person seeking enforcement of the restrictive covenant establishes by prima-facie evidence that the restraint is in compliance with the provisions of Code Section 13-8-53, then any person opposing enforcement has the burden of establishing that the contractually specified restraint does not comply with such requirements or that such covenant is unreasonable.
(Code 1981, §13-8-55, enacted by Ga. L. 2011, p. 399, § 4/HB 30.)
Total Results: 2
Court: Supreme Court of Georgia | Date Filed: 2024-09-04
Snippet: scope limitations of the covenant. See OCGA § 13-8-55 (“The person seeking enforcement of a restrictive
Court: Supreme Court of Georgia | Date Filed: 2023-09-06
Snippet: determining whether a given covenant is reasonable); 13-8-55 (setting pleading and burden of proof requirements)