Dolgencorp, Inc. v. Winn-Dixie Stores, Inc.
District Court of Appeal of Florida
1DissentKlein, J.
Our standard of review of this injunction is abuse of discretion, Stephan Co. v. Faulding Healthcare (IP) Holdings, Inc., 844 So.2d 676 (Fla. 4th DCA 2003), and under the specific facts in this case, the trial court did not abuse its discretion. The majority cites Stephan for the proposition that an injunction is not warranted where the conduct has ceased; however, the facts of that case are distinguishable. In Stephan, one day after the complaint was filed, the defendant sent a letter stating that it had made the decision not to continue to attempt to market a product allegedly in breach of…
2Cases cited2 opinions
- Pediatric Pavilion v. AGEN. FOR HEALTH CAREDistrict Court of Appeal of Florida · 2004
- The Stephan Co. v. FAULDING HEALTHCAREDistrict Court of Appeal of Florida · 2003