Opinions April 25, 2024
Indiana Court of Appeals
Kenneth Kesler, M.D. v. Indiana University Health Care Associates, Inc., d/b/a/ Indiana University Health Physicians (IUHP)
23A-PL-2111
Civil plenary. Reverses the Marion Superior Court’s order granting Indiana University Health Physicians’ request for a preliminary injunction and enjoining Kenneth Kesler from treating patients within the geographically restricted area provided in the noncompetition clause in his employment agreement. Finds that the trial court’s findings do not show a consideration of the disservice to the public by enjoining Kesler’s medical practice and IUHP has failed to show it has suffered harm. Also finds the trial court erred by concluding that IUHP was entitled to injunctive relief and by issuing the preliminary injunction. Remands to the trial court with instructions to dissolve the preliminary injunction.