What Is The Standard For Temporary Injunction To Enforce A Non-Compete Agreement?

Introduction

Litigants seeking to enforce non-compete agreements often do so by filing motions for temporary injunction. In Florida, a party seeking a temporary injunction must plead and prove four elements: "(1) the likelihood of irreparable [injury], (2) the unavailability of an adequate remedy at law, (3) a substantial likelihood of success on the merits, and (4) that a temporary injunction will serve the public interest." DePuy Orthopaedics, Inc., v. Waxman, 95 So.3d 928 (Fla. 1^st DCA 2012), citing Envtl. Servs., Inc. v. Carter, 9 So.3d 1258, 1261 (Fla 5^th DCA 2009); see also, Masters Freight, Inc. v. Servco, Inc., 915 So.2d 666, 666 (Fla. 2d DCA 2005). The First District in DePuy considered an appeal from a trial court order denying a motion for temporary injunction. On appeal, the First District reversed the trial court, finding that the party enforcing the non-compete agreement established each of the prerequisites needed for a temporary injunction. DePuy at