TELEMUNDO MEDIA, LLC, A DELAWARE LIMITED LIABILITY COMPANY, APPELLANT,
v.
JOSHUA MINTZ, AND TV AZTECA, S.A. DE C.V., APPELLEES
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The court held that all elements for injunctive relief were satisfied, reversing the trial court's denial of a temporary injunction.
[1] A de novo standard of review applies to a trial court's interpretation of a contract in the context of an order granting or denying a temporary injunction.
[2] Injunctive relief requires satisfaction of five elements: likelihood of success on the merits, likelihood of irreparable harm, unavailability of an adequate remedy at law…
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Join FLexlaw to unlock all legal intelligenceTelemundo sought to enjoin its former executive, Mintz, from working for a competitor, citing an exclusivity and non-competition clause in his employm…
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Telemundo Media, LLC, etc., appeals the denial of injunctive relief. We reverse the trial court’s denial because all of the elements for injunctive relief are satisfied.
Joshua Mintz commenced employment with Telemundo as a key executive. Pursuant to the Employment Agreement, effective January 1, 2015, Telemundo agreed to employ Mintz through and including December 27, 2017, subject to Telemundo’s irrevocable option to extend the term of employment through December 26, 2018. The parties agreed that Mintz’s employment and services were exclusive to Tel-emundo.
The parties also agreed that for the “six (6) months period after the termination” of Mintz’s employment, Mintz would “not, either directly or indirectly, provide services (as an employee or in any other status or capacity) to any Spanish-language media competitor of Telemundo in the news, entertainment, new media (e.g. the Internet, etc.) and telecommunications industries, within the United States.”
The parties recognized that Mintz’s services were “of a special, unique, unusual, extraordinary and intellectual character, giving them a peculiar value, the loss of which the Company cannot be reasonably or adequately compensated for in damages.” Mintz agreed to abide and be bound by Telemundo’s alternative dispute resolution (“ADR”) process.
On November 23, 2015, Mintz informed Telemundo that he intended to accept a position with Azteca, one of Telemundo’s biggest competitors. Telemundo invoked the ADR process on December 23, 2015. On January 7, 2016, Mintz informed Tel-emundo that he intended to leave Telem-undo and begin work at Azteca on January 13,2016.'
Telemundo filed its action on January 11, 2016, seeking injunctive relief to enjoin Mintz from commencing employment with Azteca pending the resolution of the ADR process. Telemundo also filed its motion for temporary injunctive relief, which the trial court denied, concluding that Mintz was entitled to work for Azteca in Mexico City because the non-competition clause only applied within the United States.
The abuse of discretion standard generally applies on the appeal of orders that grant or deny temporary injunctions, but the standard of review is de novo if a legal principle is involved. See City of Miami Beach v. Kuoni Destination Mgmt., Inc., 81 So.3d 530, 532 (Fla. 3d DCA 2012). This Court reviews a trial court’s interpretation of a contract de novo. See Dirico v. Redland Estates, Inc., 154 So.3d 355, 357 (Fla. 3d DCA 2015). “[W]here a trial court’s order on a temporary injunction is based on an interpretation of a contract,” a de novo standard of review likewise .applies. DePuy Orthopaedics, Inc. v. Waxman, 95 So.3d 928, 934 (Fla. 1st DCA 2012).
It is well established that a temporary injunction lies when five requirements *436are satisfied: (1) the substantial.likelihood of success on the merits, (2) the likelihood of irreparable harm, (3) the unavailability of an adequate remedy at law, (4) the threatened injury outweighs the possible harm, and (5) and the issuance of the temporary injunction will not disserve the public interest. See Kuoni Destination Mgmt., 81 So.3d at 532. See also Airport Executive Towers v. CIG Realty, Inc., 716 So.2d 811, 313 (Fla. 3d DCA 1998). The party seeking an injunction must satisfy each element with competent, substantial evidence. See Concerned Citizens for Judicial Fairness, Inc. v. Yacucci, 162 So.3d 68, 72 (Fla. 4th DCA 2014).
Each element for injunctive relief is satisfied with competent, substantial evidence'. Telemundo established a substantial .likelihood of success on the merits. The employment agreement unequivocally obligates Mintz to provide his unique personal services exclusively to Telemundo for the contractually specified period through December 27, 2017. Mintz’s stated intent to provide his- services to Telemundo’s competitor and subsequent departure during this period violates these provisions.1
Telemundo also established an inade-qúate remedy at law and irreparable injury. A monetary damage award cannot compensate Telemundo for Mintz’s breach because Mintz’s services are unique and irreplaceable. Additionally, ADR proceedings are pending and continuation of a breach renders the process a nullity, and an‘award in Telemundo’s favor could;not return the parties to their initial status quo.
Telemundo likewise satisfied the remaining two elements for injunctive relief. The balance of hardships tips in favor of Telemundo. ■ It is undisputed that Mintz promised to provide unique personal services exclusively to Telemundo during the term of his agreement, and his agreement that any breach of his promise would bring irreparable injury to Telemundo. Mintz failed to introduce evidence that the issuance of the injunction would harm him more than Telemundo. Nor does an injunction disserve the public interest where, as here, there are contractual rights at issue and “the public has a cognizable interest in the protection and enforcement of contractual rights.” Hilb Rogal & Hobbs of Fla., Inc. v. Grimmel, 48 So.3d 957, 962 (Fla. 4th DCA 2010).
Telemundo thus satisfied all of the elements for injunctive relief with competent, substantial evidence. We therefore reverse the order denying the motion for temporary injunction and remand with directions to grant the motion and enter the requested temporary injunction reinstating the status quo and prohibiting Mintz from working at Azteca, or any other competitor consistent with the contractual provision, pending the resolution of the ADR proceedings.2 Our decision shall take effect immediately notwithstanding the filing of any motion for rehearing.
Reversed and remanded with directions.
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People's Tr. Ins. Co. v. Acosta, 259 So. 3d 179 (Fla. 3d DCA 2018)…failed to plead irreparable harm. The court did not conduct an evidentiary hearing, concluding that the pleadings established the existence of the Insurer’s adequate remedies at law. Our review is thus de novo. Telemundo Media, LLC v. Mintz, 194 So. 3d 434, 435 (Fla. 3d DCA 2016). Irreparable harm and the unavailability of an adequate remedy are essential elements of action for a temporary injunction; the absence of these elements (or any of the other required elements) requires that the motion be…
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Ferk Fam., Lp v. Frank, 240 So. 3d 826 (Fla. 3d DCA 2018)…review the trial court’s factual findings to determine whether there is competent substantial evidence to support those findings, and review the trial court’s legal conclusions and contract interpretations de novo. Telemundo Media, LLC v. Mintz, 194 So. 3d 434, 435 (Fla. 3d DCA 2016); Pages v. Seliman-Tapia, 134 So. 3d 536, 538 (Fla. 3d DCA 2014). 1. The removal of Larry Ferk from the Board of Management Ferk Family asserts on appeal that the trial court erred in its construction of the terms of the O…
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GFA Int'l, Inc. v. Trillas, 327 So. 3d 872 (Fla. 3d DCA 2021)…at the threatened injury . . . outweighs any possible harm . . . ; and (4) that the granting of a temporary injunction will not disserve the public ---PAGE 9--- interest.” Allied Universal, 223 So. 3d at 1042; see Telemundo Media, LLC v. Mintz, 194 So. 3d 434, 436 (Fla. 3d DCA 2016). “In the case of a temporary injunction to enforce a covenant not to compete, the trial court’s findings should specifically relate to the alleged breach of the covenant.” Walsh, 942 So. 2d at 448. “The violation of an e…
Previewing 3 of 20 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Concerned Citizens FOR Jud. Fairness, Inc. v. Yacucci, 162 So. 3d 68 (Fla. 4th DCA 2014)
- DePUY Orthopaedics, Inc. v. Waxman, 95 So. 3d 928 (Fla. 1st DCA 2012)
- City OF Miami Beach v. Kuoni Destination Mgmt., Inc., 81 So. 3d 530 (Fla. 3d DCA 2012)
- Hilb Rogal & Hobbs OF Fla., Inc. v. Grimmel, 48 So. 3d 957 (Fla. 4th DCA 2010)
- Dirico v. Redland Ests., Inc., 154 So. 3d 355 (Fla. 3d DCA 2014)
- Airport Executive Towers v. CIG Realty, Inc., 716 So. 2d 311 (Fla. 3d DCA 1998)