A temporary injunction is an available remedy when a party establishes that it has a valid, enforceable non-compete agreement that was violated. Fla. Stat. § 542.335(1)(j). Subsections 542.335(1)(b) and (c) of the Florida Statutes, set the standard for enforcing non-compete agreements and require the party seeking enforcement to plead and prove: (1) the existence of “one or more legitimate business interests” justifying the non-compete agreement and (2) the contractually specified restraint is reasonably necessary to protect the legitimate business interests. Peter Mavrick is a Miami non-compete lawyer who has extensive experience with non-competition covenant litigation and claims for injunctive relief.
In Ansaarie v. First Coast Cardiovascular Institute, P.A., 252 So.3d 287 (Fla. 1st DCA 2018), First Coast Cardiovascular Institute, P.A. (FCCI), was a professional medical practice that provided medical care in the fields of cardiovascular medicine and sleep disorders. FCCI operated medical offices in several Florida counties, including Putnam County. FCCI expended substantial resources to develop a cardiology practice in Putnam County, which included marketing, hiring physicians and support staff, and constructing a large catheterization laboratory within walking distance of the local hospital, Putnam County Medical Center (PCMC). FCCI contracted with PCMC to provide 24/7 “STEMI” services (“ST-elevation myocardial infarction,” i.e. serious heart attack patients) at the hospital. FCCI expended significant resources annually in order to meet its contractual requirement with PCMC.
FCCI recruited Dr. Imraan Ansaarie (“Dr. Ansaarie”), a cardiovascular surgeon from out-of-state. Dr. Ansaarie entered into a Physicians Employment Agreement (the “Non-Compete Agreement”) with FCCI, wherein he agreed to be restricted from providing competing cardiovascular services within a five-mile radius of FCCI’s practice for two years after termination of his employment with FCCI. The Non-Compete Agreement also prohibited Dr. Ansaarie from soliciting (defined to mean “initiate contact, or knowingly receive contact, or to in any manner cause or encourage contact”) an FCCI patient, referral source, or vendor for competing cardiovascular services within the restricted geographic area and time period.