X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
The full case caption appears at the end of this opinion. PARKER, Chief Judge. Robert Lee Flickenger and John Karras (appellants) seekreview of the trial court’s interlocutory order granting R.J. Fitzgerald & Co., Inc.’s(Fitzgerald) motion for temporary injunction. Of the three issues raised by theappellants, we conclude that only two have merit. Accordingly, we direct the trial courtto amend the temporary injunction to reduce the period of restraint to two years and toconduct a hearing to establish the appropriate amount of the injunction bond. This dispute arises from an employment agreement theappellants executed as employees of Fitzgerald, a commodities brokerage firm. As acondition precedent to employment, each appellant executed an agreement containingrestrictive covenants precluding disclosure of confidential information, solicitation ofFitzgerald’s clients and employees, and competition with Fitzgerald for three yearsfollowing a period of active employment. Sometime after the appellants left Fitzgerald’semploy, Fitzgerald filed an action against them seeking injunctive relief and damages forbreach of the employment agreement. Without hearing arguments regarding the amount of thebond, the court subsequently granted a temporary injunction enforcing the restrictivecovenants in the employment agreement and ordered Fitzgerald to post a $10,000 bond. Theappellants filed an interlocutory appeal arguing that the trial court erred in awardingthe temporary injunction and setting the injunction bond without a hearing. We conclude that the evidence is sufficient to affirmthe enforcement of the employment agreement, except for the three-year restrictivecovenant. Under section 542.335(1)(d)1, Florida Statutes (1997), “a court . ..�shall presume unreasonable in time any restraint more than 2 years induration.” Where there is no evidence in the record to rebut this presumption, aninjunction entered in excess of two years is error. See Balasco v. Gulf AutoHolding, Inc., 707 So. 2d 858, 860 (Fla. 2d DCA 1998). Because Fitzgerald has notpointed to any evidence in the record to support a three-year time restriction, thethree-year time restraint is presumptively unreasonable. See id. Therefore,we direct the trial court on remand to amend the temporary injunction to reduce the periodof restraint to two years. As to the injunction bond, the appellants arguecorrectly that the trial court erred in setting the amount of the injunction bond withoutan evidentiary hearing. Because damages recoverable for a wrongfully obtained injunctionare limited to the amount of the injunction bond, both parties are entitled to presentevidence as to the appropriate amount of the bond. See Longshore Lakes JointVenture v. Mundy, 616 So. 2d 1047, 1047-48 (Fla. 2d DCA 1993). We reverse andremand for an evidentiary hearing because the trial court entered the bond amount withoutaffording the appellants the opportunity to present evidence. The order granting the temporary injunction isaffirmed. We partially reverse this case and direct the trial court to reduce the periodof restraint to two years. Further, the trial court is directed to conduct an evidentiaryhearing and thereafter to set an appropriate bond. PATTERSON and NORTHCUTT, JJ., Concur.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED ROBERT LEE FLICKENGER and JOHN KARRAS, Appellants v. R.J. FITZGERALD & COMPANY, INC., Appellee. Case No. 98-02365 In the District Court of Appeal of Florida Second District Appeal from nonfinal order of the Circuit Court for Hillsborough County; Dick Greco, Jr., Judge. Opinion filed April 30, 1999. R. Lawrence Bonner and Marc A. Wites of Homer & Bonner, P.A., Miami, for Appellants. Ronald H. Trybus of Kass Hodges, P.A., Tampa, for Appellees.
 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Elite Trial Lawyers 2021

July 29, 2021
Virtual

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Register

BenefitsPRO Broker Expo 2021

May 18, 2021 - August 18, 2021
Virtual / San Diego, CA

The premier educational and networking event for employee benefits brokers and agents.


Register

African Legal Awards 2021

September 03, 2021
TBD

The African Legal Awards are set out to recognise exceptional achievement from Africa s legal elite.


Register

JUNIOR CIVIL LITIGATION ASSOCIATE (ATLANTA, GA)

Atlanta, Georgia, United States

Our client, the senior Litigation Partner at a well-regarded, mid-sized Atlanta business boutique, has asked for our assistance in identifyi...


Apply Now ›

Attorney- Simsbury, Connecticut

Simsbury, Connecticut, United States

Farber, Brocks & Zane, LLP is seeking an attorney for our Simsbury, CT office to join our growing and active insurance coverage practice gro...


Apply Now ›

Insurance Coverage Attorney- Long Island

Garden City, New York, United States

Farber, Brocks & Zane, LLP is seeking to add legal talent to its active and growing insurance coverage practice group. For our Garden City, ...


Apply Now ›

VAN DER VEEN, O NEILL, HARTSHORN, AND LEVIN

07/27/2021
TLI Web

VAN DER VEEN, O NEILL, HARTSHORN, AND LEVIN is pleased to welcome Frank Breitman, Esq. a talented and respected litigator to our ranks of trial lawyers.


View Announcement ›

HARWOOD LLOYD, LLC

07/26/2021
NJLJ Web

HARWOOD LLOYD, LLC Welcomes Beth L. Barnhard, Esq. Beth has joined the firm as Counsel in the Wills, Trusts and Estates Department. She is Certified to be an Elder Law Attorney (CELA) by the ABAaccredited National Elder Law Foundation.


View Announcement ›

SNYDER SARNO D'ANIELLO MACERI & DACOSTA

07/26/2021
NJLJ Web

SNYDER SARNO D'ANIELLO MACERI & DACOSTA is Proud to Announce the opening of New Morristown Office!


View Announcement ›