JETBORNE INTERNATIONAL, INC., A DELAWARE CORPORATION, APPELLANT,
v.
ALLAN N. COHAN, APPELLEE
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Florida appellate court reversed a temporary partial injunction requiring reinstatement of an employee as chief operating officer, holding that employment contracts are not enforceable by specific performance or injunction and the proper remedy is damages for breach.
Ordinary employment contracts are not enforceable by injunction or specific performance; the appropriate remedy is an action for damages for breach of contract.
[1] Ordinary employment contracts are not enforceable by injunction or specific performance; damages for breach of contract is the appropriate remedy.
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Join FLexlaw to unlock all legal intelligence“ordinary contracts for employment or personal service [as here] ... are not enforceable by injunction or specific performance ... [and that] [t]he appropriate remedy in such cases is an action for damages for breach of contract.”
Court citing Seaescape, Ltd. v. Maximum Marketing Exposure, Inc. to establish the controlling legal principle.
Jetborne International suspended its chief operating officer, Alan N. Cohan, from the corporate payroll and barred him from corporate premises. Cohan …
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PER CURIAM.
This is an appeal by the defendant Jet-borne International, Inc. from a temporary partial injunction which requires the defendant to reinstate the plaintiff Alan N. Cohan to the payroll as the chief operating officer of the defendant. The defendant had previously suspended the plaintiff from the corporate payroll and barred him from the corporate premises. The plaintiff brought suit below for (1) breach of an employment contract, seeking damages; (2) contractual, statutory, and corporate indemnification, seeking costs and attorney's fees for maintaining this action; and (3) declaratory and injunctive relief, seeking reinstatement to the position of chief operating officer.
We reverse the non-final order under review based on the settled principle of law that “ordinary contracts for employment or personal service [as here] ... are not enforceable by injunction or specific performance ... [and that] [t]he appropriate remedy in such cases is an action for damages for breach of contract.” Seaescape, Ltd. v. Maximum Marketing Exposure, Inc., 568 So. 2d 952, 954 (Fla.3d DCA 1990); see also Shearson Lehman Hutton, Inc. v. Meyer, 561 So. 2d 1331 (Fla. 5th DCA 1990); Mosely v. De Moya, 497 So. 2d 696, 697-98 (Fla.3d DCA 1986); Mike Smith Pontiac GMC, Inc. v. Smith, 486 So. 2d 89, 90 (Fla. 5th DCA 1986); Restatement (Second) of Contracts § 367(1) (1981); 11 S. Williston, A Treatise on the Law of Contracts § 1423 (3d ed. 1968); 5A A. Corbin, Corbin on Contracts §§ 1204-09 (1964).
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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City OF Riviera Beach v. Zedrick Barber, 764 So. 2d 601 (Fla. 4th DCA 1998)…, 579 So. 2d 237 (Fla. 1st DCA 1991). The appropriate remedy in such cases is an action for damages for breach of contract. See SeaEscape, Ltd., Inc. v. Maximum Mktg. Exposure, Inc., 568 So. 2d 952 (Fla. 3d DCA 1990); Jetborne Int’l, Inc., v. Cohan, 584 So. 2d 176 (Fla. 3d DCA 1991). In this case, appellee had an adequate remedy of law, money damages, which were, in fact, awarded to him. For the above reasons, we reverse that portion of the amended final judgment which directs the City to retroactively promo…
Authorities Cited
- Seaescape, Ltd., Inc. v. Maximum Mktg. Exposure, Inc., 568 So. 2d 952 (Fla. 3d DCA 1990)
- Mike Smith Pontiac GMC, Inc. v. Smith, 486 So. 2d 89 (Fla. 5th DCA 1986)
- Mosely v. de Moya, 497 So. 2d 696 (Fla. 3d DCA 1986)
- Shearson Lehman Hutton, Inc. v. Meyer, 561 So. 2d 1331 (Fla. 5th DCA 1990)