In many non-compete cases, the employer seeks a temporary injunction at the outset of the case to prevent further harm. If the employer loses that motion, the case usually settles or proceeds to discovery as in a standard civil action. However, there can be another option—immediate appeal. A recent Florida appellate decision demonstrates why this can be a winning strategy in the right circumstances.
In AmeriGas Propane, Inc. v. Nelson Sanchez, et al., No. 3D20-1447 (Fla. 3d DCA Nov. 3, 2021), the plaintiff AmeriGas, a provider of propane services to businesses, sued its former account manager, defendant Sanchez, and his new employer, defendant Blossman Gas, a direct competitor. During his employment with AmeriGas, Sanchez entered into an agreement that included non-disclosure, non-competition, and non-solicitation covenants.
Soon after Sanchez left AmeriGas for Blossman Gas, AmeriGas lost 18 customers to Blossman Gas that Sanchez previously managed. AmeriGas filed suit asserting breach of contract claims against Sanchez and tortious interference claims against Sanchez and Blossman Gas. AmeriGas then filed a motion for temporary injunction seeking to enjoin Sanchez from breaching his contractual obligations. AmeriGas also sought to enjoin Blossman Gas from tortiously interfering with its agreement and assisting Sanchez in violating the restrictive covenants.
During his deposition, Sanchez admitted to...
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