Value of Restrictive Covenant when Moving for Permanent Injunction

A recent case demonstrates the value of a restrictive covenant. In The Residences at the Bath Club Condominium Association, Inc. v. Bath Club Entertainment, LLC, 48 Fla.L.Weekly D221a (Fla. 3d DCA), the parties entered into a settlement agreement and a proceeding relative to the breach and enforcement of the settlement occurred. The trial court entered an order enforcing the settlement agreement based on a specific paragraph in the agreement. Ultimately, the facts, for purposes of this posting, are not as significant as the appellate court’s discussion in obtaining a permanent injunction when dealing with a restrictive covenant. In particular, when...

10 May

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Appeal of Discovery Order — Not so Easy!

Posted by David Adelstein

in Appeal, Discovery

In litigation, there will be disputes as to the scope and perceived relevance of discovery (e.g., scope of document production, depositions, and interrogatory answers). It may not occur in every case, but it will occur. There is no such thing as discovery orders always going in your favor. Not possible. Some discovery orders entered against you are understandable. Others lead to a certain amount of frustration. And, others leave you with consternation such that you feel that you need to appeal based on the perceived prejudice. The appeal of a discovery order, however, is through a petition for writ of...

20 August

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Sufficient Factual Detail to Support Four Prongs of Temporary Injunction

Posted by David Adelstein

in Appeal, Standard of Review, Trial Perspectives

“An order on a motion for temporary injunction entered by a trial court must be based on [1] the likelihood of irreparable harm, [2] the unavailability of an adequate remedy at law, [3] the substantial likelihood of success on the merits, and [4] considerations of public interest.” XIP Technologies, LLC v. Ascend Global Services, LLC, 43 Fla.L.Weekly D1850a (Fla. 2d DCA 2018). A trial court’s order granting a temporary injunction must contain clear factual detail to support each of these four prongs. Id. A trial court has discretion to grant or deny a motion for temporary injunction. Its discretion, however, is...