Bauer v. Dilib et al., 2009 WL 2949296 (Fla. 4th DCA Sept. 16, 2009)

In this non-compete case, an employer obtained an injunction against its former employee and her new employer for aiding and abetting a breach of a restrictive covenant.  The trial court taxed attorneys’ fees against the new employer under Section 542.335(1)(k), Fla. Stat.  The appellate court reversed, holding that the statute authorized a fee award only against the party to the restrictive covenant (the former employee).  Because there was no independent contractual or statutory basis to award fees against the new employer, the fee award was invalid.

Bauer v. Dilib et al., 2009 WL 2949296 (Fla. 4th DCA Sept. 16, 2009)