Van Fossan v. Safe Harbor Management & Advisory, LLC, Case No. 3D24-1253 (Fla. 3d DCA 2026).
Breach of a non-compete agreement with respect to at least two specific clients establishes a presumption of irreparable harm sufficient to support entry of a temporary injunction.
Libman v. Cardiovascular Mobile Service, Inc., Case No. 3D24-1994 (Fla. 3d DCA 2026).
A retainer agreement limiting recoverable attorney's fees to collection actions or abandoned lawsuits does not authorize an award of prevailing party attorney's fees for contract enforcement, and attorney's fees may not be awarded under a statutory provision not invoked in the pleadings.
Williams v. Leesburg Regional Medical Center, Inc., Case No. 5D2024-1910 (Fla. 5th DCA 2026).
A court may make a determination based on deposition evidence to exclude expert causation testimony as lacking sufficient reliability or failing to assist the jury under Daubert and Florida Statutes section 90.702, and doing so is subject to abuse of discretion (not de novo) review on appeal.
Roe v. NPC International, Inc., Case No. 5D2024-2323 (Fla. 5th DCA 2026).
The common law Vicarious Liability Exoneration Rule (an employer can be found liable for the acts of its employee only if the employee is found liable) requires an affirmative adjudication on the merits, and a voluntary dismissal without prejudice under Florida Rule of Civil Procedure 1.420, does not constitute an adjudication on the merits when the underlying action was timely filed within the statute of limitations.
