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Carlsen & Co. v. Feldman

Citations: 677 So. 2d 970; 12 I.E.R. Cas. (BNA) 158; 1996 Fla. App. LEXIS 8232; 1996 WL 441570Docket: No. 95-3354

Court: District Court of Appeal of Florida; August 7, 1996; Florida; State Appellate Court

Narrative Opinion Summary

This case involves an appeal by Carlsen Co. Inc. following the involuntary dismissal of its claims against former employees and a competitor, Aerofund, Inc. The initial lawsuit filed by Carlsen included claims for injunctive relief, breach of contract, and conspiracy, primarily based on alleged violations of non-competition agreements by the former employees. During the bench trial, the defendants successfully moved for a directed verdict, asserting that Carlsen's damages were speculative, leading to the dismissal of key claims. However, Carlsen continued with claims to reestablish lost non-competition agreements, which were successful. On appeal, Carlsen challenged the dismissal, arguing that the trial court misinterpreted Florida Statutes Section 71.011(4), which allows simultaneous pursuit of reestablishment and enforcement claims. The appellate court agreed, finding error in the trial court's dismissal of the initial counts, recognizing Carlsen's prima facie case. Consequently, the appellate court reversed the dismissal and remanded the case for a new trial on the dismissed counts, allowing Carlsen to pursue both the reestablishment and enforcement of the non-competition agreements in the same proceeding.

Legal Issues Addressed

Directed Verdict

Application: Defendants successfully moved for a directed verdict on the grounds that the claimed damages were speculative, resulting in the dismissal of certain counts.

Reasoning: During the trial, the defendants moved for a directed verdict, arguing the damages claimed by Carlsen were speculative. The general master granted the motion in part, dismissing counts I through IV.

Involuntary Dismissal with Prejudice

Application: The court initially dismissed Carlsen Co. Inc.'s claims for injunctive relief, breach of contract, and conspiracy against former employees and a competitor during a bench trial.

Reasoning: Carlsen Co. Inc. appealed the involuntary dismissal with prejudice of its claims for injunctive relief, breach of contract, and conspiracy against former employees Henry C. Feldman and Ruben F. Saavedra, as well as Aerofund, Inc.

Prima Facie Case Establishment

Application: The appellate court concluded that Carlsen had established a prima facie case, warranting a reversal of the dismissal and a new trial.

Reasoning: The appellate court concluded that the dismissal of counts I through IV was unwarranted since Carlsen had established a prima facie case.

Reestablishment vs. Enforcement of Lost Agreements

Application: Carlsen was initially barred from pursuing both reestablishment and enforcement of lost non-competition agreements within the same lawsuit, which the appellate court later determined was an error.

Reasoning: The court found that the general master erred in interpreting section 71.011(4) of the Florida Statutes, which allows for the reestablishment of lost documents to proceed alongside enforcement and breach claims.