Joseph J. House - Page 20




                                       - 20 -                                         
          because of his tax problems.  Further, the purported covenant is            
          an unsigned document with no effective date, and it does not                
          identify to whom the covenant is granted.  Most telling,                    
          petitioner’s conduct belies the existence of the covenant.  He              
          engaged in an accounting and tax business within the prohibited             
          territory during the entire prohibited period.  Petitioner’s                
          contentions as to the covenant are meritless.                               
               Petitioner attempts to legitimize the payments made by JJH             
          to Tim and the University of Central Florida by arguing the                 
          payments were attributable to a lease between JJH and Tim for the           
          use of Tim’s Disney collection.  Petitioner asserts that JJH made           
          payments for the lease of Mickey Mouse, Donald Duck, Goofy, and             
          other colorful Disney characters in his basement office as bona             
          fide business expenses.  Petitioner’s story is as fantastic as              
          the Disney characters themselves.  Petitioner did not know the              
          value of the collection or how many items were in the collection,           
          and there is no evidence the Disney collection furthered any                
          advertising goal.  Charlene’s testimony that she engaged in bona            
          fide negotiations with Tim with respect to a lease price on New             
          Year’s Day in 1993 is not credible.  The lease document is                  
          concocted and back dated, and the stated rent of $1,000 per month           
          bears no relation to the actual payments made to Tim or to the              
          University of Central Florida.                                              








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