U.S. FLORAL CORP., A FLORIDA CORPORATION, APPELLANT,
v.
MARIA TERESA SALAZAR, APPELLEE
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PER CURIAM.
This is an appeal from a trial court order Which denied a motion for a temporary injunction to enforce a non-compete agreement entered into by the parties under Section 542.33(2)(a), Florida Statutes (1983). The trial court declined to impose the favored remedy of injunction in enforcing this agreement although, without dispute, the defendant Maria Teresa Salazar is presently in violation of the above agreement. No showing was made below that the agreement was unreasonable as to duration or geographical area covered. Absent such a showing, the trial court abused its discretion in declining to enforce the aforesaid non-compete agreement by temporary injunction. See Capraro v. Lanier Business Products, Inc., 466 So. 2d 212 (Fla.1985); Miller Mechanical, Inc. v. Ruth, 300 So. 2d 11 (Fla.1974); Silvers v. Dis-Com Securities, Inc., 403 So. 2d 1133 (Fla. 4th DCA 1981).
The order under review is reversed and the cause is remanded to the trial court with directions to grant the requested temporary injunction.
Reversed and remanded.
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Citator
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Cordis Corp. v. Prooslin, 482 So. 2d 486 (Fla. 3d DCA 1986)…tion 542.33(2)(a), Florida Statutes (1983), specifically provides for enforcement of non-competition agreements by injunction. Injunctive relief has become the favored remedy in cases involving covenants not to compete. U.S. Floral Corp. v. Salazar, 475 So. 2d 1305 (Fla. 3d DCA 1985); Silvers v. Dis-Com Securities, Inc., 403 So. 2d 1133, 1137 (Fla. 4th DCA 1981). This favored status is recognized because money damages for breach of non-competition agreements are either not susceptible to proof with the require…
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Reliance Wholesale, Inc. v. Godfrey, 51 So. 3d 561 (Fla. 3d DCA 2010)…able harm because Plaintiffs injuries, if any, are subject to a monetary judgment, is equally without merit and has been rejected by other courts, where, as here, there is a statutory presumption of irreparable harm.”); U.S. Floral Corp. v. Salazar, 475 So. 2d 1305, 1306 (Fla. 3d DCA 1985) (noting that entry of temporary injunction is “favored remedy” for violation of non-compete agreement). The trial court’s order does not directly address the third and fourth prerequisite for entry of a temporary injunction…
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Allied Universal Corp. v. Given, 223 So. 3d 1040 (Fla. 3d DCA 2017)…he were not enjoined, he would begin managing a sales territory for Uniyar, However, the only focus at the preliminary injunction stage is to maintain longstanding relationships and preserve the company’s goodwill. See U.S. Floral Corp. v. Salazar, 475 So. 2d 1305 (Fla. 3d DGA 1985) (noting that entry of a temporary injunction is the favored remedy for violation of a non-compete agreement); Variable Annuity Life Ins. Co. v. Hausinger, 927 So. 2d 243, 245 (Fla. 2d DCA 2006) (“[T]he harm presumed under the stat…
Authorities Cited
- Miller Mech., Inc. v. Ruth, 300 So. 2d 11 (Fla. 1974)
- Capraro v. Lanier Bus. Prods., Inc., 466 So. 2d 212 (Fla. 1985)
- Spurlock v. State, 466 So. 2d 212 (Fla. 1985)
- Silvers v. Dis-Com Sec., Inc., 403 So. 2d 1133 (Fla. 4th DCA 1981)
- State v. Chiriboga, 403 So. 2d 1133 (Fla. 4th DCA 1981)