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...