Uni-Chem Corp. of Florida, Inc. v. Maret, UNI-CHEM
| Decision Date | 26 October 1976 |
| Docket Number | UNI-CHEM,No. 76--480,76--480 |
| Citation | 338 So.2d 885 |
| Parties | CORPORATION OF FLORIDA, INC., a Florida Corporation, Appellant, v. Ronald MARET et al., Appellees. |
| Court | Florida District Court of Appeals |
Friedman & Britton and Edward A. Kaufman, Miami, for appellant.
Frates, Floyd, Pearson, Stewart, Richman & Greer and Sherryll Martens Dunaj, Miami, for appellees.
Before BARKDULL, C.J., and HAVERFIELD and NATHAN, JJ.
The appellant filed an action seeking temporary injunction and other relief against certain of the appellees, to enforce the provisions of a non-competitive agreement entered into at the time certain of the appellees were employed by the appellant as salesmen in the Miami area. The competitive provision of the contract read as follows:
'* * * Accordingly, Representative agrees that during the term of his employment by Company, (under this agreement or any extension, renewal or reinstatement hereof) and for a period of eighteen (18) months immediately following the expiration or termination of such employment, regardless of the manner or reason for termination, Representative shall not directly or indirectly for himself or for any other person, persons, or corporation (excepting only Company) as owner, employer, partner, associate, principal, consultant, agent or otherwise, sell or offer for sale, advertise or solicit for any merchandise or products of the same or similar type of classification as any of the products sold by Company while Representative is employed by Company within the assigned territory set forth in Section 3 or to any customer or account in connection with which or to which Representative has sold, offered for sale, solicited or taken orders for any of Company's products during the employment of the Representative by Company, or with which Representative has had any contact or dealings while employed by Company, nor will he advise, inform or furnish to any person, firm or corporation the names and addresses of any such customer accounts or any information relating thereto.'
The contract also provided, in the event of its breach, as follows:
'* * * Further, in the event of a breach of the covenants of paragraphs 8, 9, and 10, by Representative, the injury to the Company resulting therefore will be substantial, but difficult of ascertainment, so that it is mutually agreed that in the event of any such violation by Representative he will pay to the Company the sum of $5,000.00 per salesman, or any other employee of Company, except that if the Representative has been under contract with the Company for a period of in excess of 1 year, the sum of $10,000.00, as liquidated damages therefor, but not as a penalty, and it is hereby agreed that this provision of liquidated damages shall not reduce or interfere in any way with the right of the Company for injunctive relief, as outlined above.'
In December of 1975, the salesmen terminated their employment with the appellant and immediately therefore went to work for a competitor, performing the same services in the same area which they had performed for the appellant during their course of employment with the appellant. The instant action was then brought, seeking a temporary injunction and, after taking evidence, the chancellor ( that no actual damage had been shown by the appellant) denied a temporary injunction and this interlocutory appeal ensued.
The instant case deals with a request for temporary injunction and the order was entered after an emergency hearing. Notwithstanding statutory right to injunctive relief (see: § 542.12, Fla.Stat.), upon proof of a valid covenant not to compete said statutory provision does not negate the necessity of showing irreparable harm as a prerequisite to the granting of a temporary injunction. Wilson v. Sandstrom, 317 So.2d...
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Twenty Four Collection, Inc. v. Keller, 80-181
...determination of the injunction's commencement date initially to the discretion of the trial court. See, Uni-Chem Corp. of Florida, Inc. v. Maret, 338 So.2d 885, 887 (Fla. 3d DCA 1976). Reversed and remanded, with 1 The issue should be decided in the light of such cases as Capelouto, supra,......
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Adoption Hot Line, Inc. v. State, Dept. of Health and Rehabilitative Services, Dist. XI ex rel. Rothman
...grant a temporary injunction, the function of which is to preserve the status quo until the final hearing. 2 Uni-Chem Corporation of Florida v. Maret, 338 So.2d 885 (Fla. 3d DCA 1976); Tamiami Trail Tours, Inc. v. Greyhound Lines, Inc., 212 So.2d 365 (Fla. 4th DCA 1968). The controlling rea......
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Chandra v. Gadodia, 91-2016
...injury is presumed and does not have to be proven. At the same time, the supreme court disapproved of Uni-Chem Corporation of Florida, Inc. v. Maret, 338 So.2d 885 (Fla. 3d DCA 1976), which held Notwithstanding statutory right to injunctive relief, upon proof of a valid covenant not to comp......
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Keller v. Twenty-Four Collection Inc., TWENTY-FOUR
...said, "[T]he rule in this State is that injunction issues only to prevent irreparable injury ...." In Uni-Chem Corp. of Florida v. Maret, 338 So.2d 885, 887 (Fla.3d DCA 1976), a noncompetition agreement case, a unanimous court upheld a denial of the entry of an injunction by the trial judge......