RUSSELL T. NEAL, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 1st DCA | 2006-11-17
No. 1D06-4908
BROWNING, C.J., KAHN, and DAVIS, JJ., concur.
942 So. 2d 446 Florida District Court of Appeal, First District (2006) Positive Treatment
Cited by 7 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The petition alleging ineffective assistance of appellate counsel is denied on the merits.

BROWNING, C.J., KAHN, and DAVIS, JJ., concur.


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  • Atomic Tattoos, LLC v. Morgan, 45 So. 3d 63 (Fla. 2d DCA 2010)
    …erman v. D.C.A. at Welleby, Inc., 505 So. 2d 1371, 1373 (Fla. 4th DCA 1987). “Evidence that an enforceable covenant not to compete was breached will support a trial court’s finding of the likelihood of success on the merits.” Walsh v. Paw Trucking, 942 So. 2d 446, 448 (Fla. 2d DCA 2006). In this instance, Atomic Tattoos has established Morgan’s breach of the covenant and Morgan has admitted to the breach. However, a temporary injunction is “entirely reversible if necessary at the end of the full trial.” LaRo…
  • Christine Thomas, M.D. v. Osler Med., Inc., 963 So. 2d 896 (Fla. 5th DCA 2007)
    …oncur. . Covenants not to compete are governed by section 542.335, Florida Statutes. Section 542.335(1)(j) authorizes a trial court to enter a temporary injunction as a method of enforcing a covenant not to compete. See Walsh v. Paw Trucking, Inc., 942 So. 2d 446 (Fla. 2d DCA 2006); Supinski v. Omni Healthcare, P.A., 853 So. 2d 526 (Fla. 5th DCA 2003). . A trial court may not conduct an evidentiary hearing if the request for temporary injunction is made without notice to the other party. Fla. R. Civ. P. 1.6…
  • Smart Pharmacy, Inc. v. Viccari, 213 So. 3d 986 (Fla. 1st DCA 2016)
    …i’s use of Smart Pharmacy’s trade secrets. Accordingly, contrary to the trial court’s conclu [*990] sion,1 Smart Pharmacy established a substantial likelihood of success on the merits of its claims against Appellees. See Walsh v. PAW Trucking, Inc., 942 So. 2d 446, 448 (Fla. 4th DCA 2006) (“Evidence that an enforceable covenant not to compete was breached will support a trial court’s finding of the likelihood of success on the merits.”). “The violation of an enforceable restrictive covenant creates a presump…

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