FAREDA SANDS
v.
ANTI-MONEY LAUNDERING & FINANCIAL CRIMES INSTITUTE, LLC
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Fareda Sands appealed a trial court's grant of a temporary injunction preventing her from violating a non-disclosure, non-solicitation, and non-competition agreement with her former employer. The court affirmed the issuance of the injunction but reversed and remanded regarding the injunction bond amount, which was set without an evidentiary hearing.
The court affirmed the trial court's grant of the temporary injunction but reversed and remanded the case for an evidentiary hearing on the appropriate bond amount, holding that the trial court failed to comply with Florida Rule of Civil Procedure 1.610(b) by not allowing the parties to present evidence regarding the bond.
[1] When a trial court grants a temporary injunction, it must conduct an evidentiary hearing or otherwise provide the parties an opportunity to present evidence regarding the…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“No temporary injunction shall be entered unless a bond is given by the movant in an amount the court deems proper, conditioned for the payment of costs and damages sustained by the adverse party if the adverse party is wrongfully enjoined.”
Florida Rule of Civil Procedure 1.610(b), cited by the court as the governing standard for injunction bonds.
Sands executed a non-disclosure, non-solicitation, and non-competition agreement with her former employer, Anti-Money Laundering & Financial Crimes In…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Temporary Injunction Elements cases and more on FLexlaw
Opinion filed May 4, 2022. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D21-1852 Lower Tribunal No. 20-8756 ________________
Fareda Sands, Appellant/Cross-Appellee,
vs.
Anti-Money Laundering & Financial Crimes Institute, LLC, Appellee/Cross-Appellant.
An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Reemberto Diaz, Judge. Law Offices of Troy D. Ferguson, P.A., and Troy D. Ferguson, for appellant/cross-appellee. The Foodman Firm, P.A., and Daniel Foodman, for appellee/cross-appellant. Before LINDSEY, MILLER and BOKOR, JJ. BOKOR, J.
Fareda Sands appeals the trial court’s grant of a temporary injunction enjoining her from engaging in any activity violating a non-disclosure, non-solicitation, and non-competition agreement executed with her former employer. We agree with the trial court’s findings that the employer satisfied all elements for a temporary injunction by demonstrating a substantial likelihood of success on the merits, irreparable harm, and that an injunction would serve the public interest. See Fla. Dep’t of Health v. Florigrown, LLC, 317 So. 3d 1101, 1110 (Fla. 2021) (discussing required elements for a temporary injunction). Thus, we affirm the issuance of the injunction.
However, we reverse and remand in part because the trial court did not conduct an evidentiary hearing or otherwise allow the parties to present evidence as to the amount of the injunction bond. See Fla. R. Civ. P. 1.610(b) (“No temporary injunction shall be entered unless a bond is given by the movant in an amount the court deems proper, conditioned for the payment of costs and damages sustained by the adverse party if the adverse party is wrongfully enjoined.”); Pledger Tr. Series 28, LLC v. Apeiron Holdings Miami, LLC, 306 So. 3d 1115, 1116 (Fla. 3d DCA 2020) (affirming in part as to merits of injunction, but reversing and remanding in part for evidentiary hearing where “Pledger was not given an opportunity to present evidence on the amount of the bond”); TJ Mgmt. Grp., LLC v. Zidon, 990 So. 2d 623, 626 (Fla. 3d DCA 2008) (affirming denial of motion to dissolve injunction and remanding for trial court to conduct evidentiary hearing on injunction bond).
Affirmed in part, reversed in part, and remanded with instructions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Pledger Tr. Series 28, LLC v. Apeiron Holdings Miami, LLC, 306 So. 3d 1115 (Fla. 3d DCA 2020)
- TJ Mgmt. Grp., L.L.C. v. Ehud Zidon, 990 So. 2d 623 (Fla. 3d DCA 2008)