CHRISTOPHER GOSLIN AND PAINEWEBBER, INC., A DELAWARE CORPORATION, APPELLANTS,
v.
GLENFED BROKERAGE SERVICES, APPELLEE
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Goslin and PaineWebber appealed a trial court order confirming an arbitration award and denying damages for a wrongfully issued injunction. The appellate court reversed and remanded, holding that the trial court erred by pre-emptively denying damages for wrongful injunction without meaningful hearing or allowing the defendants to present evidence on the matter.
The trial court erred by pre-emptively denying damages for wrongful injunction without a meaningful hearing or allowing defendants to present evidence. The case is reversed and remanded for the trial court to receive evidence and argument to determine whether the temporary injunction was wrongfully entered and, if so, to establish appropriate damages. The standard for recovery of damages against an injunction bond is closer to strict liability than to malicious prosecution when a defendant prevails in a dispute involving a temporary injunction secured by a bond.
[1] A trial court order confirming an arbitration award may be reversed to the extent it releases a surety on an injunction bond and denies damages for wrongful injunction.
[2] Parties may present additional evidence and argument to determine whether a temporary injunction was wrongfully entered and to establish appropriate damages.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“At the hearing on these motions, the trial court interrupted the attorneys and announced that it would deny the request for damages. This ruling was made before the defendants were even allowed to argue their motions.”
Establishes the procedural error that was the basis for reversal—the trial court's premature denial without hearing.
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Join FLexlaw to unlock all legal intelligenceChristopher Goslin left his position with Glenfed in September 1994 to work for PaineWebber, allegedly violating a non-competition clause in his inves…
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ALTENBERND, Judge.
Christopher Goslin and PaineWebber, Inc., appeal a final order confirming an arbitration award in an action filed against them by Glenfed Brokerage Services (Glenfed). We reverse the order to the extent that it released the surety on the injunction bond and denied damages for 'wrongful injunction. On remand, the parties may present additional evidence and argument to determine whether the temporary injunction was wrongfully entered and, if so, to establish the appropriate damages.
Glenfed filed this action in October 1994 seeking to enforce a non-competition clause in its “investment consultant agreement” with Mr. Goslin. Allegedly, Mr. Goslin left his position with Glenfed in September 1994 and began a similar position with Paine-Webber. Under the Glenfed investment consultant agreement, Mr. Goslin was barred from certain competitive activities in Hills-borough County for a period of two years.
The trial court entered a temporary injunction in favor of Glenfed on October 28, 1994, barring Mr. Goslin and PaineWebber from specified solicitation activity. The injunction was conditioned upon the filing of a $75,000 surety bond, which Aetna Casualty and Surety Company later issued. Thereafter, Mr. Goslin and PaineWebber moved to compel arbitration of this dispute. There is no order in the record compelling arbitration, but it appears that the parties voluntarily submitted to N.A.S.D. arbitration. Between November 1994 and April 1995, the defendants filed several pleadings to dissolve the injunction, but were largely unsuccessful in their efforts.
On June 13, 1995, the arbitrators issued their decision. The panel concluded that the injunction “should be dissolved.” The panel denied Glenfed’s request for an injunction and damages against Mr. Goslin and Paine-Webber. It also denied Mr. Goslin’s counterclaim for damages against Glenfed. It required Glenfed to amend a Form U-5 in several respects. Finally, the panel left the issue of attorneys’ fees and costs for the court.
Based on this decision, the defendants filed a motion to dissolve the injunction and a motion for recovery of damages for wrongful injunction against Glenfed and the injunction bond. At the hearing on these motions, the trial court interrupted the attorneys and announced that it would deny the request for damages. This ruling was made before the defendants were even allowed to argue their motions.
The defendants contend that they are entitled to damages against Glenfed and the bond as a matter of law because of the arbitration award. In assessing this argument, we are hampered by the trial court’s pre-emptive decision. The record contains no pleadings from the arbitration nor any description of that proceeding. We do not question that an arbitration panel’s decision could determine that a temporary injunction was wrongful, but we are uncertain of the panel’s intent when it announced that the injunction “should be dissolved.” See Blumenthal v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 910 F. 2d 1049 (2d Cir.1990). When a defendant prevails in a dispute involving a temporary injunction secured by a bond, we tend to agree with the defendants that the standard for recovery of damages against the bond is closer to strict liability than to malicious prosecution. See City of Treasure Island v. Provident Management Corp., 678 So. 2d 1322 (Fla. 2d DCA 1996). This case does not present a record from which we can further articulate the standard for damages under the Aetna bond.
In Ehrhart v. Raymond James & Associates, 536 So. 2d 1178 (Fla. 2d DCA 1989), this court reversed a similar order and remanded for further proceedings. In light of the absence of any meaningful hearing on this issue in the trial court, we conclude that this remedy is appropriate in this case as well.
Reversed and remanded for further proceedings.
FRANK, AC.J., and SCHEB, JOHN M., Senior Judge, concur.
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Cited By
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P.M. Realty & Invs., Inc. v. City OF Tampa & Gloria Moreda, 863 So. 2d 1269 (Fla. 2d DCA 2004)…the final hearing. Kozich v. DeBrino, 837 So. 2d 1041 (Fla. 4th DCA 2002); Lorie v. C.L.N., 757 So. 2d 610, 611 (Fla. 3d DCA 2000); Jones v. Sterile Prod. Corp., 658 So. 2d 1099, 1100 (Fla. 5th DCA 1995); see also Goslin v. Glenfed Brokerage Serv., 683 So. 2d 620 (Fla. 2d DCA 1996). P.M. Realty I served only to demonstrate that the City had made a sufficient showing for the issuance of a temporary injunction. See Original Rey de la Pizza Cubana, Inc. v. Rey Pizza Corp., 682 So. 2d 697, 697 (Fla. 3d DCA 1996)…
Authorities Cited
- Blumenthal v. Merrill Lynch, 910 F.2d 1049 (2d Cir. 1990)
- City OF Treasure Island v. Provident Mgmt. Corp. & Laurence N. Belair, 678 So. 2d 1322 (Fla. 2d DCA 1996)
- Ehrhart v. Raymond James & Assocs., Inc., 536 So. 2d 1178 (Fla. 2d DCA 1989)