In some commercial disputes, it may be essential for the protection of your rights and business interests to ensure that the status quo is maintained until the court can convene a full trial. When your commercial dispute forces you into a situation like this, you may need to seek and obtain a temporary injunction to prevent your opponent from taking certain actions. When you’re in that position, you will need multiple types of proof. You need evidence that you’ll have a reasonable chance of success on the merits of your claim once your case goes to trial. You also need proof of specific facts that show that, if the judge doesn’t give you the injunction you seek, you will suffer irreparable harm. To make sure that you have the proof you require to get the remedy you need, be sure that you have an experienced South Florida commercial litigation attorney on your side.
A recent case from the Tampa area was an example of how an injunction can be an essential part of commercial litigation strategy. The underlying contract whose alleged breach spawned the litigation had to do with the marketing and sale of recreational vehicles. A Milwaukee-based manufacturer, which manufactured several well-known varieties of RVs, had inked an exclusive dealership agreement with a Tampa-based vehicle dealership. Some time later, the manufacturer signed a new agreement with the dealer’s competitor, another dealership located just 10 miles to the east in Dover, Florida.
The Tampa dealership used the consummation of the new contract as the basis for taking legal action and seeking an injunction. The Tampa dealer’s filing, which came just days before the 2018 RV “supershow,” alleged that the manufacturer and the Dover dealer violated both the contract and Florida statutory law. Specifically, the Tampa dealer asserted that the two RV models that the manufacturer contracted to sell through the Dover dealer were extraordinarily similar to two other models that the manufacturer agreed to sell exclusively through the Tampa dealer.
The timing of the RV supershow forced the Tampa dealer to do more than just sue and seek money damages. It asserted that it was entitled to a temporary injunction that would both prevent the manufacturer and the Dover dealer from selling either model at its facility or at the supershow.
The Tampa dealer had proof of both a likelihood of success on the merits and irreparable harm in the absence of injunctive relief. It had sufficient evidence indicating the strength of its claims of breach of contract, breach of good faith and fair dealing and promissory estoppel. What’s more, the Tampa dealer had proof that persuaded the judge that, if the court did not grant the temporary injunction, the damage to the Tampa dealer’s reputation would be irreversible. All of that was enough to secure the issuance of the injunction.
For strong and reliable representation in your commercial dispute issues, contact the diligent South Florida commercial litigation attorneys at Stok Kon + Braverman. Our experienced team has been helping clients protect their business interests for many years.
Contact us online or by calling (954) 237-1777 to schedule your consultation and find out how this firm can help you.
More blog posts:
Florida Licensor and North Carolina Licensee Battle Over Admissibility of Experts in Cold Fusion Reactor Case, Florida Business Lawyers Blog, April 20, 2018
Two Little Words: How Even a Single Word Pair Can Make All the Difference in Your Florida Forum Selection Clause, Florida Business Lawyers Blog, Nov. 10, 2017