DAVID H. LEBIODA, M.D., ET AL., APPELLANTS,
v.
THE GASTROENTEROLOGY GROUP, APTER, SHAFRAN & SPRUNG, M.D., A PARTNERSHIP OF PROFESSION ASSOCIATIONS, APPELLEE
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DANIEL, Judge.
David Lebioda, M.D., and David Lebioda, M.D., P.A., appeal an order granting a preliminary injunction to the Gastroenterology Group and others which enforced a non-compete provision in Dr. Lebioda’s employment agreement with the Group. We agree with Dr. Lebioda that the abbreviated hearing at which he was not allowed to present all his witnesses in his defense denied him due process of law. See generally Florida State Society of Homeopathic Physicians v. Florida Department of Professional Regulation, 487 So. 2d 374 (Fla. 5th DCA 1986); Empire Pontiac Center v. General Motors Acceptance Corporation, 322 So. 2d 927 (Fla. 4th DCA 1975). Accordingly we reverse and remand for further proceedings. Because of resolution of this issue, we do not address the second point raised by Dr. Lebioda on appeal.
REVERSED and REMANDED.
ORFINGER and COWART, JJ., concur.
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Pecora v. Pecora, 697 So. 2d 1267 (Fla. 5th DCA 1997)…notice, including a meaningful opportunity to prepare and to defend against the allegations of the motion or complaint. It means the ability to offer evidence and to secure a record of the proceedings.3 [*1269] See Lebioda v. Gastroenterology Group, 544 So. 2d 242 (Fla. 5th DCA 1989); Mike Smith Pontiac GMC, Inc. v. Smith, 486 So. 2d 89, 90 n. 3 (Fla. 5th DCA 1986); Lingelbach’s Bavarian Restaurants, Inc. v. Del Bello, 467 So. 2d 476, 479 (Fla. 2d DCA), review denied, 476 So. 2d 674 (Fla.1985); Empire Pontiac…
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Ganson v. State, 554 So. 2d 522 (Fla. 1st DCA 1989)…itizens, Council for Clean Air, 483 U.S. 711, 107 S.Ct. 3078, 97 L.Ed.2d 585 (1987), the use of the contingent fee multiplier should be limited or omitted. In response to an identical argument, the court in Aetna Life Insurance Company v. Casalotti, 544 So. 2d 242 (Fla. 3d DCA 1989), held: We are unable to entertain that suggestion, for the Florida Supreme Court in Rowe expressly authorized multipliers and prescribed the permissible range. The same result should obtain here. See also, State Farm Fire & Casua…
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Georges M. Delbrouck v. Eberling, 177 So. 3d 66 (Fla. 4th DCA 2015)…ny legal conclusions are subject to de novo review.”). We conclude that the trial court erred in ousting the appellant from possession and enjoining his business activities without first hearing any evidence. , See Lebioda v. Gastroenterology Grp., 544 So. 2d 242 (Fla. 5th DCA 1989) (reversing order granting preliminary injunction where appellant was denied due process by not being allowed to present all his witnesses). The PR relies on section 733.607(1), Florida Statutes (2014), which provides as follows:…
Authorities Cited
- Empire Pontiac Ctr., Inc. v. Gen. Motors Acceptance Corp., 322 So. 2d 927 (Fla. 4th DCA 1975)
- Marvene Gleaves v. Herndon Ambulance Co., 487 So. 2d 374 (Fla. 5th DCA 1986)