Legal Opinion

Capella v. Coleman Institute

District Court of Appeal of Florida

Decided April 15, 1998No. 97-4267Published

1Per curiam

We reverse the order granting a temporary injunction in this case because the posting of a bond was required and no reason was given for waiving it. See Fla.R.Civ.P. 1.610(b); Layne & Brill, P.A. v. Brill, 453 So.2d 890 (Fla. 3d DCA 1984); International Bhd. of Teamsters v. Miami Retail Grocers, Inc., 76 So.2d 491 (Fla.1954).

Courts have upheld the bond requirement in the context of a covenant not to compete, such as the one in the instant case. See Richard v. Behavioral Healthcare Options, Inc., 647 So.2d 976 (Fla. 2d DCA 1994).

Although in the agreement containing the covenant not to compete…

2Cases cited3 opinions

  1. Richard v. BEHAV. HEALTHCARE OPTIONSDistrict Court of Appeal of Florida · 1994
  2. International Brotherhood of Teamsters v. Miami Retail Grocers, Inc.Supreme Court of Florida · 1954
  3. Layne & Brill, P.A. v. BrillDistrict Court of Appeal of Florida · 1984

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