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Eadgear, Inc. v. Baca

District Court of Appeal of Florida, First District.
Aug 15, 2012
93 So. 3d 1246 (Fla. Dist. Ct. App. 2012)

Opinion

No. 1D11–6743.

2012-08-15

EADGEAR, INC., Charles Wang, Cathy Zhang, and Francis Yuen, Appellants, v. Jerry BACA and Doreen Baca, Appellees.

An appeal from the Circuit Court for Okaloosa County. William F. Stone, Judge. Patrick K. McCarthy and Robert A. Goodwin, III of Matthews, Jones & Hawkins, LLP, Destin, for Appellants. Jerry Baca and Doreen Baca, pro se, for Appellees.


An appeal from the Circuit Court for Okaloosa County. William F. Stone, Judge.
Patrick K. McCarthy and Robert A. Goodwin, III of Matthews, Jones & Hawkins, LLP, Destin, for Appellants. Jerry Baca and Doreen Baca, pro se, for Appellees.
PER CURIAM.

“An injunctive order should never be broader than is necessary to secure the injured party, without injustice to the adversary, relief warranted by the circumstances of the particular case. The order should be adequately particularized, especially where some activities may be permissible and proper.” Clark v. Allied Assocs., Inc., 477 So.2d 656, 657 (Fla. 5th DCA 1985) (citing Moore v. City Dry Cleaners & Laundry, Inc., 41 So.2d 865, 871 (Fla.1949)). See also Angelino v. Santa Barbara Enters., LLC, 2 So.3d 1100, 1104 (Fla. 3d DCA 2009) (“Injunctions must be specifically tailored to each case and they must not infringe upon conduct that does not produce the harm sought to be avoided.”). Accordingly, paragraphs 12.b.iii. and iv. of the preliminary injunction are stricken. The preliminary injunction is otherwise affirmed, without prejudice to litigation de novo of any question of personal jurisdiction.

Affirmed in part, reversed in part.

BENTON, C.J., THOMAS, and SWANSON, JJ., concur.


Summaries of

Eadgear, Inc. v. Baca

District Court of Appeal of Florida, First District.
Aug 15, 2012
93 So. 3d 1246 (Fla. Dist. Ct. App. 2012)
Case details for

Eadgear, Inc. v. Baca

Case Details

Full title:EADGEAR, INC., Charles Wang, Cathy Zhang, and Francis Yuen, Appellants, v…

Court:District Court of Appeal of Florida, First District.

Date published: Aug 15, 2012

Citations

93 So. 3d 1246 (Fla. Dist. Ct. App. 2012)