ANDREA VERDUCI, APPELLANT,
v.
GOLD COAST CHEMICAL CORP., APPELLEE
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A former employee sought to compete with her former employer after being hired by a competitor. The trial court granted the employer a temporary restraining order based on a non-compete clause, but the appellate court reversed because the trial court improperly excluded evidence of the employer's breach of the employment contract, which was relevant to determining whether the employer would likely succeed on the merits.
The trial court erred in refusing to admit evidence of Gold Coast's breach of the employment contract because such evidence was relevant to determine whether Gold Coast would likely succeed on the merits, one of the essential elements for obtaining a temporary restraining order.
[1] A party seeking a temporary restraining order must prove a clear legal right to the relief requested.
[2] Evidence of a plaintiff's alleged breach of contract is relevant to determining the likelihood of success on the merits when the plaintiff seeks injunctive relief based o…
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Join FLexlaw to unlock all legal intelligence“One of the elements a party seeking a temporary restraining order must prove is that the party has a clear legal right to the relief requested.”
Establishes the legal standard required for obtaining a temporary restraining order
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Join FLexlaw to unlock all legal intelligenceVerduci and Gold Coast entered into a written employment contract containing a non-compete covenant. After a dispute arose, Verduci terminated her emp…
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PER CURIAM.
We reverse the trial court’s order granting Gold Coast Chemical Corporation (Gold Coast) a temporary restraining order enjoining Andrea Verduci (Verduci), a former Gold Coast employee, from competing with Gold Coast.
Verduci and Gold Coast entered into a written employment contract which contained a non-compete covenant. A dispute arose and Verduci terminated her employment. After Verduci became employed by one of Gold Coast’s competitors, Gold Coast sought a temporary restraining order to enjoin Verduci from competing with Gold Coast. At the hearing Verduci admitted selling to Gold Coast’s customers, but proffered evidence that Gold Coast first breached the employment contract. However, the trial court refused to admit the proffered evidence that Gold Coast had failed to pay Verduci commissions, had made unauthorized deductions from her commissions, and had failed to timely pay her commissions.
One of the elements a party seeking a temporary restraining order must prove is that the party has a clear legal right to the relief requested. See City of Fort Lauderdale v. Canary Enterprises, Inc., 546 So. 2d 1114 (Fla. 4th DCA 1989). By refusing to admit Verduci’s proffered evidence, the trial court effectively eliminated her opportunity to prove that there was not a substantial likelihood of success by Gold Coast on the merits. See Cordis Corp. v. Prooslin, 482 So. 2d 486 (Fla. 3d DCA 1986). Thus, because evidence of Gold Coast’s alleged breach of contract was relevant to determine whether Gold Coast would likely succeed on the merits at trial, the trial court erred in failing to consider evidence of Gold Coast’s breach of Verduci’s employment contract.
REVERSED AND REMANDED.
HERSEY, C.J., and ANSTEAD and GUNTHER, JJ„ concur.
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Citator
Cited By
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Benemerito & Flores, M.D.'S, P.A. v. Zeidy Roche, M.D., 751 So. 2d 91 (Fla. 4th DCA 1999)…, “shall consider all other pertinent legal and equitable defenses.” We have held that “[a] party seeking a temporary restraining order must prove that the party has a clear legal right to the relief requested.” Verduci v. Gold Coast Chemical Corp., 578 So. 2d 41 (Fla. 4th DCA 1991). Thus, the trial court was required to consider Dr. Roche’s breach of contract defense in determining whether the association had a substantial likelihood of success on the merits. Cordis v. Prooslin, 482 So. 2d 486 (Fla. 3d DCA…
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First Miami Sec., Inc. v. Bell, 758 So. 2d 1229 (Fla. 4th DCA 2000)…983). This court has recognized further that a party seeking a temporary restraining order “must prove that the party has a clear legal right to the relief requested.” Benemérito & Flores, 751 So. 2d at 93 (quoting Verduci v. Gold Coast Chem. Corp., 578 So. 2d 41 (Fla. 4th DCA 1991)). First Miami Securities has failed to demonstrate that the trial court abused its discretion in denying injunctive relief. Therefore, the order is affirmed. DELL, STONE, and TAYLOR, JJ., concur. . We note that effective July…
Authorities Cited
- Cordis Corp. v. Prooslin, 482 So. 2d 486 (Fla. 3d DCA 1986)
- City OF Fort Lauderdale v. Canary Enters., Inc., 546 So. 2d 1114 (Fla. 4th DCA 1989)
- In re Est. OF Lester Platt, 546 So. 2d 1114 (Fla. 4th DCA 1989)