Procedure Over Substance when it comes to Temporary Injunction Order

The recent case of Phelan, Jr. v. TriFactor Solutions, LLC, 2021 WL 833515 (Fla. 2d DCA 2021) involves a temporary injunction issued in a noncompete case where the appellate court started off its decision saying, “In some cases, procedure precedes substance. This is one of those cases.” A good ole procedure over substance matter! In this case, regardless of the substance, the trial court issued a temporary injunction order. But the order, i.e., the procedure in issuing the injunction, was wrong for two fundamental reasons. First, the order failed to include specific factual findings from the evidentiary hearing to satisfy the...

16 June

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Value of Severability Clause

Posted by David Adelstein

in Trial Perspectives

Severability clauses have become fairly commonplace in contracts. Cut and paste provisions. However, these clauses can provide tremendous value. A sample of a severability clause is as follows: If any provision of this Agreement, the deletion of which would not adversely affect the receipt of any material benefit by or in favor of any party or substantially increase the burden of any party to this Agreement, shall be held to be invalid or unenforceable to any extent, the same shall not affect in any respect whatsoever the validity or enforceability of the remainder of this Agreement. There are numerous ways to draft...