JEAN WILDER HOLLENDER, APPELLANT,
v.
S. R. F., INC., D/B/A SARA FREDERICKS OF PALM BEACH, APPELLEE

Fla. 4th DCA | 1975-10-31
No. 75-205
DOWNEY, J., and NESBITT, JOSEPH, Associate Judge, concur.
321 So. 2d 627 Florida District Court of Appeal, Fourth District (1975) Positive Treatment
Cited by 2 cases


Opinion of the Court
OWEN, Judge.

OWEN, Judge.

By interlocutory appeal, appellant seeks review of a temporary injunction enjoining her from engaging in employment competitive with plaintiff/appellee, her former employer, with whom she had executed a non-compete agreement.

Appellant urges that the point on appeal is whether the court should enforce the agreement by a temporary injunction where the evidence before the court at the hearing on the application for temporary injunction showed no consideration for the execution of the restrictive agreement. It is apparent that the trial court has made no determination as to the validity of the agreement. Thus, we cannot say from this record that the court abused its discretion in entering the temporary restraining order pending a final determination of this cause, the outcome of which apparently will turn upon the validity of the agreement.

Affirmed.

DOWNEY, J., and NESBITT, JOSEPH, Associate Judge, concur.


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Citator

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  • Capraro v. Lanier Bus. Prods., Inc., 445 So. 2d 719 (Fla. 4th DCA 1984)
    …injunction. Capraro next claims that he introduced evidence that the contract was invalid. Even where the validity of the contract is placed in dispute, however, a judge may in his discretion grant a temporary injunction. Hollender v. S.R.F., Inc., 321 So. 2d 627 (Fla. 4th DCA 1975). Capraro’s evidence consisted of evidence that he was assured that the clause would not be enforced against him and that the clause was not enforced against others who had left Lanier. Such evidence may present a claim for equita…

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