Category Archives Restrictive Covenants

Recently the Fourth and Fifth District Courts of Appeal took conflicting stances as to whether referral sources can be a legitimate business interest to support enforcement of restrictive covenants through a temporary restraining order (“TRO”). See Infinity Home Care, LLC v. Amedisys Holding, LLC, No. 4D14-3872, 2015 WL 7292837, --- So.3d ---- (Fla. 4th DCA Nov. 18, 2015) Infinity Home;…

The Florida Second District Court of Appeal recently enforced a restrictive covenant through a temporary restraining order (“TRO”). See Florida Digestive Health Specialist, LLP v. Colina, --- So.3d ----, 2015 WL 6874913 (Fla. 2d DCA Nov. 4, 2015). More specifically, the Second DCA found that a gastroenterologist was bound by a restrictive covenant, which limited how he could compete with…

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