COVENANTS NOT TO COMPETE - PINZONE V. PAPA'S WINGS, INC.
In Pinzone v. Papa's Wings, Inc., [Ms. 2090472, July 9, 2010] __ So. 3d __ (Ala. Civ. App. 2010), the Alabama Court of Civil Appeals reversed a judgment by the Baldwin County Circuit Court enjoining Defendant Michael Pinzone from operating a pizza restaurant using the name and logo of Papa's Pizza within the Fairhope city limits. The Court reaffirmed previous rulings that the existence of a covenant not to compete cannot be implied, cannot be proven by parol evidence, and cannot be used to bind a person who was not a party to the contract.