Felder v. Political Firm, L.L.C.

170 So. 3d 1022, 2014 La.App. 1 Cir. 1266, 2015 La. App. LEXIS 823, 2015 WL 1874815
CourtLouisiana Court of Appeal
DecidedApril 24, 2015
DocketNo. 2014 CA 1266
StatusPublished
Cited by6 cases

This text of 170 So. 3d 1022 (Felder v. Political Firm, L.L.C.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Felder v. Political Firm, L.L.C., 170 So. 3d 1022, 2014 La.App. 1 Cir. 1266, 2015 La. App. LEXIS 823, 2015 WL 1874815 (La. Ct. App. 2015).

Opinion

THERIOT, J.

|2Plaintiff seeks review of the trial court’s denial of her request for the issuance of a preliminary injunction. Finding that no justiciable issues remain, we dismiss this appeal as moot.

FACTS AND PROCEDURAL HISTORY

On January 9, 2014, Cassie Erin Felder declared her candidacy in the 2014 election for Representative for the United States Congress in the Sixth District of Louisiana [“the election”]. Prior to declaring her candidacy, Ms. Felder contracted with The Political Firm, LLC, [“TPF”] a political consulting firm, of which Scott Edward [1025]*1025Flobbs and Jason Edward Hebert were members. Pursuant to a document entitled “Master Agreement” [“Agreement”] that was signed on September 18, 2013, TPF agreed to provide general campaign consulting, media consulting, media production, media placement, and direct mail production.

Pertinent to this appeal, Section 3.2 of the Agreement, entitled “Noncompetition,” provided that “[w]hile retained by [Felder], [TPF] shall not directly or indirectly engage in any other business that knowingly is in competition in any manner whatsoever with the business of [Felder].” Section 3.4 of the Agreement, entitled “Confidential Information,” prohibited each party from copying, disclosing, distributing or making use of any confidential information for its own benefit or for the benefit of a business or entity other than the other party to the Agreement, during the term of the Agreement, without prior written consent.1 Section 4.1 of the | ^Master Agreement, entitled “Term,” provides:

The Term of this Master Agreement is for the 2014 Federal Election Cycle. [TPF] shall provide services to [Felder] pursuant to this Master Agreement immediately on the date specified upon the signing of this Master Agreement. The Term shall remain in effect until December 1, 2014, or until such time as later agreed upon in writing by both parties.

On March 17, 2014, TPF sent Felder a letter advising that she drop out of the election, citing Felder’s “half-heart[ed]” efforts and lack of a fundraising base. The letter concluded by stating that TPF was terminating the arrangement with Felder. The termination was confirmed during a telephone conference that day. Felder asserts that during this telephone conference, TPF stated that they would not work for any other candidate in the election, and that they would agree to be rehired by Felder should her campaign become solvent. TPF denies making these representations.

On May 16, 2014, Felder learned that TPF had been engaged to provide services for Garret Graves, one of Felder’s opponents in the election. On July 16, 2014, Felder brought suit, seeking damages for breach of contract pursuant to the Agreement. Specifically, Felder contended that TPF violated the non-competition clause by contracting with Graves, and that TPF violated the confidential information clause by making use of Felder’s confidential information. Felder also asserted claims for breach of duty, negligence, and unfair trade practices, and asserted a personal [1026]*1026cause of faction against Hobbs and Hebert pursuant to La. R.S. 12:1320(D), which provides for liability to third parties of LLC members and managers who commit fraud. TPF filed an answer and reconven-tional demand, denying Felder’s claims and asserting claims for defamation.

On July 29, 2014, Felder filed a petition for preliminary and permanent injunction, requesting that TPF, Hobbs, and Hebert be enjoined from working for Felder’s opposition and from disseminating Felder’s confidential information pursuant to the non-competition clause and the confidential information clause in the Agreement. At the hearing on the petition for injunction, the trial court declined to grant the injunction pursuant to the confidential information clause because there was no evidence of dissemination of confidential information and declined to grant the injunction pursuant to the non-competition clause on the grounds that the clause only prohibited competition “[wjhile retained by the Client,” and TPF was no longer retained by Felder. Felder filed the instant appeal challenging the trial court’s ruling.

LAW AND ANALYSIS

A preliminary injunction is an interlocutory procedural device designed to preserve the status quo between the parties, pending a trial on the merits. Tobin v. Jindal, 2011-0838 (La.App. 1st Cir.2/10/12), 91 So.3d 317, 320; Acadian Ambulance Service, Inc. v. Parish of East Baton Rouge, 97-2119 (La.App. 1st Cir.11/6/98), 722 So.2d 317, 322, writ denied 98-2995 (La.12/9/98), 729 So.2d 583. Although the judgment on the preliminary injunction is interlocutory, a party aggrieved by a judgment either granting or denying a preliminary injunction is entitled to an appeal. La. C.C.P. art. 3612; Tobin, 91 So.3d at 320; Piazza’s Seafood World, LLC v. Odom, 2007-2191 (La.App. 1st Cir.12/23/08), 6 So.3d 820, 826.

^Generally, plaintiffs seeking issuance of a preliminary injunction bear the burden of establishing by a preponderance of the evidence a prima facie showing that they will prevail on the merits and that irreparable injury or loss will result without the preliminary injunction. Tobin, 91 So.3d at 320; Silliman Private School Corp. v. Shareholder Group, 2000-0065 (La.App. 1st Cir.2/16/01), 789 So.2d 20, 22-23, writ denied, 2001-0594 (La.3/30/01), 788 So.2d 1194. The trial court enjoys considerable discretion in determining whether a preliminary injunction is warranted; thus, the trial court’s ruling will not be disturbed on appeal absent a clear abuse of discretion. Tobin, 91 So.3d at 321; Piazza’s Seafood, 6 So.3d at 826.

Where the purpose of the injunc-tive relief sought is to prevent specifically threatened future conduct, but the act sought to be enjoined has already been committed or accomplished, there can be no ground for an injunction. Tobin, 91 So.3d at 321; Silliman, 789 So.2d at 23. A court of appeal will not review a case when only injunctive relief is sought and the need for that relief has ceased to be a justiciable issue. Tobin, 91 So.3d at 321. It is well settled that courts will not decide abstract, hypothetical, or moot controversies, or render advisory opinions with respect to such controversies. Tobin, 91 So.3d at 321; City of Hammond v. Parish of Tangipahoa, 2007-0574 (La.App. 1st Cir.3/26/08), 985 So.2d 171, 178. A “justi-ciable controversy” is one presenting an existing, actual, and substantial dispute involving the legal relations of parties who have real, adverse interests and upon whom the judgment of the court may effectively operate through a decree of conclusive character. Tobin, 91 So.3d at 321.

[1027]*1027According to Louisiana jurisprudence, an issue is moot when a judgment or decree on that issue has been “deprived of practical significance” or “made abstract or purely academic.” Tobin, 91 So.3d at 321; Cat’s Meow, Inc. v. City of New Orleans, Through Dept. of Finance, 98-0601 (La.10/20/98), 720 So.2d 1186, 1193. Accordingly, a case is moot when a rendered judgment or decree can serve no useful purpose and give no practical relief or effect. Id. Thus, when an appeal is taken from an order denying injunctive relief, and the act sought to be enjoined is accomplished pending appeal, the appeal will be dismissed as moot. To-bin, 91 So.3d at 321; Silliman, 789 So.2d at 23.

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170 So. 3d 1022, 2014 La.App. 1 Cir. 1266, 2015 La. App. LEXIS 823, 2015 WL 1874815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/felder-v-political-firm-llc-lactapp-2015.