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Evidentiary hearing and record evidence insufficient for preliminary injunction; trial court order must make specific findings in support of injunction.

January 19, 2018
Salazar v. Hometeam Pest Def., Inc., 2017 Fla. App. LEXIS 17202 (Fla. 2d DCA 2017)

The employer filed a motion for a preliminary injunction against a former employee for violating his written non-compete agreement. After conducting a lengthy evidentiary hearing, the trial court granted the employer's motion and requested both parties to submit proposed orders. The trial court entered an order adopting the employer's proposed order, which the employee appealed. The appellate court reversed, holding that the trial court's order was deficient in that it failed to make specific factual findings in support of the preliminary injunction. The fact that the order reflects that an evidentiary hearing was held or that testimony was solicited from witnesses is insufficient. Therefore, in representing employers in a primary action or counterclaim, counsel must ensure that the trial court's order makes specific written factual findings. Should an order lack specific findings, counsel must move for clarification in order to prevent an appealable issue.

 

Case Law Alerts, 1st Quarter, January 2018

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