Opinion
No. 98-4090
Opinion filed June 2, 1999
Appeal of a non-final order from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Kathleen J. Kroll, Judge, L.T. No. CL 98-4958 AG.
Michael W. Marcil and John P. Kelly of Gunster, Yoakley, Valdes-Fauli Stewart, P.A., Ft. Lauderdale, for appellant.
Elliot H. Scherker and Susan F. Kornspan of Greenberg Traurig, P.A., Miami and West Palm Beach, for appellee.
Appellant Jonathan Barash seeks review of a temporary injunction to the extent that it enjoined him from competing with PSI Industries. He argues that such relief was not requested. We agree and remand for the trial court to strike that portion of the order as enforcement of the noncompete provision of the confidentiality agreement was not before the trial court. See e.g. Williford v. Melbourne Commercial Dev., Inc., 682 So.2d 1234 (Fla.5th DCA 1996).
We note that Barash also argues that the $1,000.00 bond ordered is inadequate. The trial court may reconsider the amount of bond upon Barash's filing of an appropriate motion.
Accordingly, we remand for proceedings consistent with this opinion.
WARNER, STEVENSON and SHAHOOD, JJ., concur.