Notes of Decisions
Proudfoot Consulting Co. v. Gordon, 576 F.3d 1223 (11th Cir. 2009).
· cites it 18× “On appeal, Gordon challenges the district court’s grant of the injunction and the damages award. After Gordon filed a notice of appeal, the district court entered a separate judgment against Gordon, awarding Proudfoot 5,050.”
Winn-Dixie Stores, Inc. v. Dolgencorp, Inc., 964 So. 2d 261 (Fla. 4th DCA 2007).
· cites it 17× “[1] Dolgencorp moved for summary judgment, arguing that section 542.335, Florida Statutes (1998) rendered the grocery exclusive unenforceable against it because Dolgencorp was not a signatory to Winn-Dixie's lease.”
Autonation, Inc. v. O'BRIEN, 347 F. Supp. 2d 1299 (S.D. Fla. 2004).
· cites it 16× “The Threat of Irreparable Injury If the Injunction Is Not Granted Once the party seeking enforcement of a restrictive covenant establishes one or more legitimate business interests justifying the restriction, irreparable injury is “presumed” by the Court and the burden then…”
Henao v. Prof'l Shoe Repair, Inc., 929 So. 2d 723 (Fla. 5th DCA 2006).
· cites it 17× “33, however, was repealed with respect to restrictive covenants entered into or having an effective date on or after July 1, 1996, as a result of enactment, in 1996, of section 542.335, Florida Statutes, entitled "Valid restraints of trade or commerce.”
Bauer v. Dilib, Inc., 16 So. 3d 318 (Fla. 4th DCA 2009).
· cites it 22× “335 as a whole, we must read subsection (l)(k) in context with subsection (l)(a), which states, “A court shall not enforce a restrictive covenant unless it is set forth in a writing signed by the person against whom enforcement is sought.”
Whitby v. Infinity Radio Inc., 951 So. 2d 890 (Fla. 4th DCA 2007).
· cites it 12× “[5] Appellants argue that the trial court erred in applying section 542.335, and not its predecessor, section 542.”
Partylite Gifts, Inc. v. MacMillan, 895 F. Supp. 2d 1213 (M.D. Fla. 2012).
· cites it 21× “Fla. Stat. § 542.335 (l)(b) and (c). 12 If the party seeking enforcement of the restrictive covenant establishes a prima facie ease, the party opposing enforcement has the burden of establishing that the contractually specified restraint is overbroad, overlong, or otherwise not…”
Milner Voice & Data, Inc. v. Tassy, 377 F. Supp. 2d 1209 (S.D. Fla. 2005).
· cites it 25× “1989); Fla Stat. § 542.335. The existence of irreparable harm is presumed if intentional breach of an enforceable restrictive covenant is shown.”
— 542.335(1) — 26 cases
Whitby v. Infinity Radio Inc., 951 So. 2d 890 (Fla. 4th DCA 2007).
“[5] Appellants argue that the trial court erred in applying section 542.335, and not its predecessor, section 542.”
Winn-Dixie Stores, Inc. v. Dolgencorp, Inc., 964 So. 2d 261 (Fla. 4th DCA 2007).
“[1] Dolgencorp moved for summary judgment, arguing that section 542.335, Florida Statutes (1998) rendered the grocery exclusive unenforceable against it because Dolgencorp was not a signatory to Winn-Dixie's lease.”
— 542.335(1)(a) — 10 cases
Winn-Dixie Stores, Inc. v. Dolgencorp, Inc., 964 So. 2d 261 (Fla. 4th DCA 2007).
“[1] Dolgencorp moved for summary judgment, arguing that section 542.335, Florida Statutes (1998) rendered the grocery exclusive unenforceable against it because Dolgencorp was not a signatory to Winn-Dixie's lease.”
— 542.335(1)(b) — 48 cases
— 542.335(1)(b)(1) — 1 case
— 542.335(1)(b)(2) — 3 cases
— 542.335(1)(b)(3) — 2 cases
— 542.335(1)(b)(5) — 1 case
— 542.335(1)(c) — 28 cases
Whitby v. Infinity Radio Inc., 951 So. 2d 890 (Fla. 4th DCA 2007).
“[5] Appellants argue that the trial court erred in applying section 542.335, and not its predecessor, section 542.”
— 542.335(1)(d) — 10 cases
Henao v. Prof'l Shoe Repair, Inc., 929 So. 2d 723 (Fla. 5th DCA 2006).
“33, however, was repealed with respect to restrictive covenants entered into or having an effective date on or after July 1, 1996, as a result of enactment, in 1996, of section 542.335, Florida Statutes, entitled "Valid restraints of trade or commerce.”
— 542.335(1)(d)(1) — 3 cases
— 542.335(1)(d)(3) — 1 case
— 542.335(1)(e) — 2 cases
— 542.335(1)(f) — 4 cases
Whitby v. Infinity Radio Inc., 951 So. 2d 890 (Fla. 4th DCA 2007).
“[5] Appellants argue that the trial court erred in applying section 542.335, and not its predecessor, section 542.”
— 542.335(1)(f)(1) — 1 case
— 542.335(1)(f)(2) — 3 cases
Whitby v. Infinity Radio Inc., 951 So. 2d 890 (Fla. 4th DCA 2007).
“[5] Appellants argue that the trial court erred in applying section 542.335, and not its predecessor, section 542.”
— 542.335(1)(g) — 2 cases
— 542.335(1)(g)(1) — 1 case
— 542.335(1)(g)(2) — 2 cases
— 542.335(1)(g)(3) — 2 cases
— 542.335(1)(h) — 17 cases
— 542.335(1)(i) — 5 cases
— 542.335(1)(j) — 36 cases
— 542.335(1)(k) — 3 cases
— 542.335(3) — 3 cases
Winn-Dixie Stores, Inc. v. Dolgencorp, Inc., 964 So. 2d 261 (Fla. 4th DCA 2007).
“[1] Dolgencorp moved for summary judgment, arguing that section 542.335, Florida Statutes (1998) rendered the grocery exclusive unenforceable against it because Dolgencorp was not a signatory to Winn-Dixie's lease.”
— 542.335(b)(2) — 1 case
— 542.335(c) — 2 cases
— 542.335(d) — 1 case
— 542.335(f) — 2 cases
— 542.335(f)(1) — 2 cases
Winn-Dixie Stores, Inc. v. Dolgencorp, Inc., 964 So. 2d 261 (Fla. 4th DCA 2007).
“[1] Dolgencorp moved for summary judgment, arguing that section 542.335, Florida Statutes (1998) rendered the grocery exclusive unenforceable against it because Dolgencorp was not a signatory to Winn-Dixie's lease.”
— 542.335(g) — 2 cases
— 542.335(g)(1) — 1 case
— 542.335(g)(3) — 1 case
Autonation, Inc. v. O'BRIEN, 347 F. Supp. 2d 1299 (S.D. Fla. 2004).
“The Threat of Irreparable Injury If the Injunction Is Not Granted Once the party seeking enforcement of a restrictive covenant establishes one or more legitimate business interests justifying the restriction, irreparable injury is “presumed” by the Court and the burden then…”
— 542.335(j) — 5 cases
— 542.335(l)(a) — 4 cases
Bauer v. Dilib, Inc., 16 So. 3d 318 (Fla. 4th DCA 2009).
“335 as a whole, we must read subsection (l)(k) in context with subsection (l)(a), which states, “A court shall not enforce a restrictive covenant unless it is set forth in a writing signed by the person against whom enforcement is sought.”
Milner Voice & Data, Inc. v. Tassy, 377 F. Supp. 2d 1209 (S.D. Fla. 2005).
“1989); Fla Stat. § 542.335. The existence of irreparable harm is presumed if intentional breach of an enforceable restrictive covenant is shown.”
— 542.335(l)(b) — 14 cases
— 542.335(l)(c) — 14 cases
— 542.335(l)(d) — 5 cases
Autonation, Inc. v. O'BRIEN, 347 F. Supp. 2d 1299 (S.D. Fla. 2004).
“The Threat of Irreparable Injury If the Injunction Is Not Granted Once the party seeking enforcement of a restrictive covenant establishes one or more legitimate business interests justifying the restriction, irreparable injury is “presumed” by the Court and the burden then…”
— 542.335(l)(d)(2) — 1 case
— 542.335(l)(e) — 1 case
— 542.335(l)(f) — 5 cases
— 542.335(l)(f)(2) — 1 case
— 542.335(l)(f)(l) — 1 case
— 542.335(l)(g) — 4 cases
— 542.335(l)(g)(2) — 1 case
— 542.335(l)(g)(4) — 1 case
— 542.335(l)(g)(l) — 3 cases
— 542.335(l)(h) — 9 cases
Bauer v. Dilib, Inc., 16 So. 3d 318 (Fla. 4th DCA 2009).
“335 as a whole, we must read subsection (l)(k) in context with subsection (l)(a), which states, “A court shall not enforce a restrictive covenant unless it is set forth in a writing signed by the person against whom enforcement is sought.”
— 542.335(l)(i) — 4 cases
— 542.335(l)(j) — 10 cases
— 542.335(l)(k) — 5 cases
Bauer v. Dilib, Inc., 16 So. 3d 318 (Fla. 4th DCA 2009).
“335 as a whole, we must read subsection (l)(k) in context with subsection (l)(a), which states, “A court shall not enforce a restrictive covenant unless it is set forth in a writing signed by the person against whom enforcement is sought.”
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