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Courts do not make contracts for the parties.
Appellee employee’s contract contained a restrictive covenant that prohibited him from engaging in certain competitive activities during the term of the contract and for a one-year period following its termination. Appellant employer brought an action seeking to prevent the employee from allegedly violating the covenant. During most of the year after the employment terminated, the parties were engaged in litigation over the matter. The trial court denied the employer's request for a temporary injunction and dissolved a restraining order. The employer appealed.
Could the employer still appeal the decision of the trial court, notwithstanding the fact that one year has already passed since the termination of the employee's work for the employer?
The court dismissed the employer's appeal, concluding that the issue was moot because more than a year had passed since the termination of the employee's work for the employer, so the act complained of was completed. The court found that the contingency of litigation could have been provided for in the agreement, but was not, so the litigation did not toll the one-year period and the court would not rewrite the contract.