MICHAEL COOPER, APPELLANT,
v.
THOMAS CRAIG & COMPANY, LLP, APPELLEE

Fla. 2d DCA | 2005-07-22
No. 2D05-839
WHATLEY and VILLANTI, JJ., Concur.
906 So. 2d 378 Florida District Court of Appeal, Second District (2005) Positive Treatment
Cited by 6 cases

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Holding

The court held that the trial court did not err in denying the motion to modify or dissolve the temporary injunction, affirming the order.

Facts & Procedural History

Michael Cooper appealed the denial of his motion to dissolve or modify a temporary injunction prohibiting him from competing with his former employer.…

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Topics
Enforcement Of Covenant Not To Compete Customer Lists Presumption Of Irreparable Injury Trade Secrets

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Opinion of the Court
LaROSE, Judge.

LaROSE, Judge.

Michael Cooper appeals the trial court’s order denying his motion to dissolve or modify a temporary injunction that, essentially, prohibited him from competing with his former employer. We affirm. We note, however, that the parties assumed that the 1990 version of section 542.33, Florida Statutes, applied to this dispute. We write solely to correct that misconception.

The enforceability of a covenant not to compete is controlled by the law at the time the agreement took effect. Gupton v. Village Key & Saw Shop, Inc., 656 So. 2d 475 (Fla.1995). The parties entered into a noncompetition agreement on March 6, 1990.1 The legislature amended section 542.33(2)(a), effective June 28, 1990. Because the parties’ noncompetition agreement predates the statutory amendment, the pre-1990 version of section 542.33(2)(a) applies.

For injunction purposes, the 1990 amendment provided a presumption of irreparable harm in instances involving use of trade secrets, customer lists, or direct solicitation of existing customers. § 542.33(2)(a), Fla. Stat. (Supp.1990). The. pre-1990 version was silent on this issue, but case law established that irreparable harm was presumed in such circumstances. Gupton, 656 So. 2d at 477.

Although the 1990 amendment to section 542.33(2)(a) did not apply to Mr. Cooper’s case, the trial court did not err in denying the motion to modify or dissolve a temporary injunction. Accordingly, the order on appeal is affirmed.

WHATLEY and VILLANTI, JJ., Concur. . The parties correctly recognize that section 542.335, Florida Statutes, does not' apply. That section applies only to actions determining the enforceability of restrictive covenants entered into after July 1, 1996. § 542.335(3), Fla. Stat. (Supp.1996).

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Citator

Cited By

  • Miller v. Preefer, 1 So. 3d 1278 (Fla. 4th DCA 2009)
    …that reason, the judgment of the trial court is affirmed.3 Affirmed. WARNER and MAY, JJ., concur. . A non-compete agreement is governed by the law in effect at the time that such agreement was entered into. See Cooper v. Thomas Craig & Co., LLP, 906 So. 2d 378 (Fla. 2d DCA 2005). Section 542.33 applies to the instant case and appeal. Section 542.335 was enacted in 1996 and applies to agreements entered on or after July 1, 1996. See § 542.335, Fla. Stat. (2007). . The 1993 version of section 542.33 provid…
  • White v. Mederi Caretenders Visiting Servs. OF Se. Fla., LLC, 226 So. 3d 774 (Fla. 2017)
    …this opinion. It is so ordered. LABARGA, C.J., and PARIENTE, QUINCE, CANADY, POLSTON, and LAWSON, JJ., concur. . The subject non-compete in each case is governed by the statute existing when it was executed. See Cooper v. Thomas Craig & Co., LLP, 906 So. 2d 378, 378 (Fla. 2d DCA 2005) ("The enforceability of a covenant not to compete is controlled by the law at the time the agreement took effect.”). However, because there have been no amendments to the statute since its enactment in 1996, the year referred…
  • Henao v. Prof'l Shoe Repair, Inc., 929 So. 2d 723 (Fla. 5th DCA 2006)
    …nts of trade or commerce.” Since the agreement containing the covenant not to compete here was entered into in 1999, section 542.335 and not section 542.33, applies in considering its enforceability. See generally, Cooper v. Thomas Craig & Co., LLP, 906 So. 2d 378 (Fla. 2d DCA 2005). Section 542.335 contains a comprehensive framework for analyzing, evaluating and enforcing restrictive covenants in Florida based on an “unfair competition” analysis. See John A. Grant & Thomas Steele, Restrictive Covenants: Flo…

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