(a) Temporary Injunction.
(1) A temporary injunction may be granted with-out written or oral notice to the adverse party only if:
(A) it appears from the specific facts shown by affidavit or verified pleading that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and
(B) the movant’s attorney certifies in writing any efforts that have been made to give notice and the reasons why notice should not be required.
(2) No evidence other than the affidavit or verified pleading shall be used to support the application for a temporary injunction unless the adverse party appears at the hearing or has received reasonable notice of the hearing. Every temporary injunction granted without notice shall be endorsed with the date and hour of entry and shall be filed forthwith in the clerk’s office and shall define the injury, state findings by the court why the injury may be irreparable, and give the reasons why the order was granted without notice if notice was not given. The temporary injunction shall remain in effect until the further order of the court.
(b) Bond. 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. When any injunction is issued on the pleading of a municipality or the state or any officer, agency, or political subdivision thereof, the court may require or dispense with a bond, with or without surety, and conditioned in the same manner, having due regard for the public interest. No bond shall be required for issuance of a temporary injunction issued solely to prevent physical injury or abuse of a natural person.
(c) Form and Scope. Every injunction shall specify the reasons for entry, shall describe in reasonable detail the act or acts restrained without reference to a pleading or another document, and shall be binding on the parties to the action, their officers, agents, servants, employees, and attorneys and on those persons in active concert or participation with them who receive actual notice of the injunction.
(d) Motion to Dissolve. A party against whom a temporary injunction has been granted may move to dissolve or modify it at any time. If a party moves to dissolve or modify, the motion shall be heard within 5 days after the movant applies for a hearing on the motion.
An unsworn complaint, a lis pendens signed by counsel alone, and an answer and affirmative defenses filed by the defendant, “did not satisfy even the most rudimentary of conditions for entry of a mandatory injunction without notice to the adverse party” pursuant to Fla. R. Civ. Pro. 1.610 and We’re Assocs. VI Ltd. P’ship v. Curzon Dev. Corp., 738 So.2d 440, 442 (Fla. 4th DCA 1999). In this commercial real estate case, the court treated Strategic Empowerment’s request for an interlocutory order dissolving a lis pendens as a request for an injunction subject to the requirements of Rule 1.610.
In this non-compete case, the trial court entered an order enjoining defendants from soliciting plaintiffs’ “current or prospective clients” who practiced in the area of orthopedic medicine. The order did not specify the duration of the restriction. The Fourth District reversed and remanded, holding that Rule 1.610(c) requires that the order define the referenced “clients” more specifically and that a time restriction be specified in the injunction.
In this non-compete case, the trial court denied a motion for temporary injunction on the basis that the restrictive covenant did not survive the expiration of the employment agreement because the post-agreement employment relationship “was not formalized in a written document.”
The appellate court reversed, holding that the movant had established a substantial likelihood of success on the merits based upon a provision in the agreement that contemplated employment “in the absence of a written agreement.”
In this non-compete case, a tattoo artist opened a new business less than a year after he had ceased working with his former employer. The new practice was located about 6 miles from his old employer. The trial court denied the employer’s motion for temporary injunction despite the defendant’s admission that he had taken a customer list and used it to send out a mass mailing to solicit new customers. The appellate court found an abuse of discretion and reversed, holding that the non-compete agreement was enforceable and that the defendant’s conduct would cause irreparable harm to the employer’s “goodwill and relationship with its clients,” among other legitimate business interests. Lastly, the appellate court of course required an injunction bond under Rule 1.610(b).