JONJUAN SALON, INC., Appellant, v. ANDREA ACOSTA f/k/a ANDREA ROSARIO and MICHAEL SCOTT HAIR SALON, Appellees., 922 So. 2d 1081

Summary

The trial court found that the salon did not meet its burden of establishing that there was a showing of irreparable harm or likelihood of success on the merits. The appeals court disagreed. The salon met its burden of establishing a likelihood of success on the merits, it put forward evidence to establish that the covenant was supported by legitimate business interests, and there was a presumption that it suffered irreparable harm as a result of the stylist's violation of said covenant by going to work for a competitor, which was within 10 miles of the salon, less than two years after she left her employment. The mere fact that the salon did not suffer direct monetary damages from that employment did not mean that it did not suffer irreparable injury. Moreover, the salon lost business to the stylist and her new employer. Third, the trial court could not grant a temporary injunction without first allowing the stylist to present evidence. Finally, on remand, the trial court was also to ...