Opinion
No. 5D06-3383.
August 3, 2007.
Non-Final Appeal from the Circuit Court for Orange County, Reginald Whitehead, Judge.
Arthur J. Higgins, of Law Office of Arthur J. Higgns, P.A., Orlando, for Appellant.
Alberto E. Lugo-Janer, Kissimmee, for Appellee.
Fabio Botero, Gilberto Penuela, and Julieta Tovar [collectively "Defendants"] appeal the trial court's non-final order granting temporary injunctive relief in favor of America's Latin Products, Inc. ["Plaintiff']. We find no error in the trial court's decision to enter the temporary injunction. It does appear, however, that the scope of the injunction is broader than warranted.
Defendant Tovar had no written employment agreement with Plaintiff; therefore, the trial court could, at most, enjoin Defendant Tovar from exploiting customer and supplier lists that she obtained during her employment. Defendants Penuela and Botero were subject to a non-compete; therefore, the scope of the temporary injunction should be limited by the terms of the non-compete.
AFFIRMED in part; REVERSED in part; and REMANDED.
GRIFFIN, PLEUS and LAWSON, JJ., concur.