Capella v. Coleman Institute

District Court of Appeal of Florida

Capella v. Coleman Institute

707 So. 2d 1210, 1998 Fla. App. LEXIS 3842, 1998 WL 171688

CourtDistrict Court of Appeal of Florida

DecidedApril 15, 1998

DocketNo. 97-4267

StatusPublished

This text of 707 So. 2d 1210 (Capella v. Coleman Institute) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Capella v. Coleman Institute, 707 So. 2d 1210, 1998 Fla. App. LEXIS 3842, 1998 WL 171688 (Fla. Ct. App. 1998).

Pincite

Opinion

PER 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 the appellant consented to an injunction upon a breach, the requirement of the posting of a bond was not waived. We therefore reverse and remand for the trial court to set a bond for the issuance of the injunction.

WARNER, POLEN and KLEIN, JJ., concur.

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