What Is The Standard Of Review For Non-Compete Litigation

In Florida, a party that wants to enforce a non-compete agreement typically does so by filing a complaint for injunctive relief in Circuit Court. Once the party commences the non-compete litigation, the Circuit Court must decide whether to issue a final or non-final order enforcing the agreement. If one of the parties believes that the trial court committed reversible error, that party can file a notice of appeal with an appellate court - the District Court of Appeal. This post addresses one of the key issues on appeal, that is the standard of review used by an appellate court when reviewing the decision of the trial court.

The standard of review is a fundamental aspect of appellate litigation. Generally speaking, the standard of review is the level of deference an appellate court gives to the decisions of a lower court. If an appellate court applies an "abuse of discretion" standard of review, the court provides the trial court decision with more deference than if...