4th District upholds court's decision in former Sunco Title & Escrow worker's appeal

By Charmaine Little | Jun 16, 2017

WEST PALM BEACH – A woman has failed to prove her appeal against her former employer in an agreement breach complaint, according an opinion in the state's 4th District Court of Appeals.

The court made the ruling May 31.

Jennifer Burke, Unlimited Closing Inc. and Couture Title and Escrow LLC filed an appeal against Sunco Title & Escrow Co. after the trial court granted Sunco temporary injunction. Burke and the two businesses she operates filed the appeal to question the amount and timeframe of the injunction. 

The legal matters started after Burke allegedly breached a non-compete contract after she was terminated from Sunco. The company sued Burke and Unlimited and Couture Title, after Burke and the two companies allegedly continued to work with Sunco’s clients after the termination.

Not long after, Sunco filed an emergency motion for temporary injunction. The trial court delayed from granting or denying the injunction and instead requested both sides to submit proposed orders. Sunco requested an injunction bond of $1,000. Burke did not object to it, but instead requested that the injunction be dismissed “without explanation,” according to the suit.

The trial court ruled in Sunco’s favor. Burke subsequently filed an appeal to challenge the amount of the bond and the “temporary” characteristic. The appellants said the trial court set a bond without giving them a chance to provide evidence of why it should be an actual amount.

The district court sided with the trial court and Sunco. It said the trial court used “discretion” when it set the amount of the bond. The court pointed out that Burke never asked for a chance to give evidence on the bond amount while in trial court, with the injunction hearing, or in a proposed order. Burke and the two companies also never objected to Sunco’s order or submitted a post-order request.

When it comes to the injunction being “temporary,” the district court said the lower court followed regulations. It did say Burke could motion to cancel out the temporary injunction if it continues after the non-competition period is over.

The court affirmed the trial court’s decision and granted the temporary injunction.

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