GROSS, J.
This is an appeal from an order denying a motion for temporary injunction in a case involving the violation of a non-compete agreement. The circuit court denied a temporary injunction because the non-compete period had run, mostly during the appeal of an earlier ruling. Once again, we reverse for the trial court to decide the motion for temporary injunction on the merits.
This is the second visit of the case to this court. See Anarkali Boutique, Inc. v. Ortiz, 104 So.3d 1202 (Fla. 4th DCA 2012). Anarkali I was also an appeal from an order denying a temporary injunction. That case sets forth the non-compete/non-solicitation agreement, which applied for a period of 2 years after appellee was no longer engaged as "an employee" with the company, the appellant in this case. Id. at 1203. In 2011, appellee left the company and opened her own business near the company's location. The company's complaint for injunctive relief alleged (1) the existence of legitimate business interests justifying the agreement's restrictive covenants, (2) that the restrictive covenants were reasonably necessary to protect the company's established interests, and (3) the elements necessary to obtain a temporary injunction. Id. at 1204; see § 542.335(1), Fla. Stat. (2012). There was an evidentiary hearing. Id. The circuit court denied the motion for temporary injunction, ruling that the two-year non-compete period began to run when appellee became an independent contractor and "expired before [she] left to start her business." Id. at 1205.
We reversed, holding that the two-year non-compete period did not begin to run until appellee left the company. Id. We
On remand, the circuit court requested that the transcript of the evidentiary hearing be provided for the court's consideration. Without further hearing, the court denied the motion for temporary injunction as moot, reasoning that the two-year non-compete period, measured from the date appellee left the company, had expired on November 22, 2013. Obviously, much of this two year period was consumed by the appeal in Anarkali I.
It would be stunningly unfair if the law held that a valid non-compete clause could be nullified because the non-compete period was devoured by the time it took to appeal an erroneous ruling on the interpretation of the clause. Where there has been a delay in the entry of a non-compete injunction enforceable under section 542.335(1)(c)
Once again, we reverse the circuit court's order denying a temporary injunction and remand for a determination of "whether the company proved section 542.335's requirements or the elements of a temporary injunction." Anarkali I, 104 So.3d at 1206. The trial court may review the record or, given the length of time that has passed since the original hearing, hold a further hearing.
Reversed and remanded for proceedings consistent with this opinion.
DAMOORGIAN, C.J., and STEVENSON, J., concur.