Welcome to Scribd. Sign in or start your free trial to enjoy unlimited e-books, audiobooks & documents.Find out more
Download
Standard view
Full view
of .
Look up keyword
Like this
5Activity
0 of .
Results for:
No results containing your search query
P. 1
2012-12-21 - FMI - Injunction Order

2012-12-21 - FMI - Injunction Order

Ratings: (0)|Views: 1,603|Likes:
Published by MWE305

More info:

Published by: MWE305 on Jan 09, 2013
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

09/28/2014

pdf

text

original

 
 1
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT,IN AND FOR PALM BEACH COUNTY, FLORIDA
 COMVEST INVESTMENT PARTNERSHOLDINGS, LLC; FMI ACQUISITION, LLCd/b/a INNOVATIVE HEARTH PRODUCTS;JOHN CAPLE; and MARK KLEIN,Plaintiffs,vs.MICHAEL R. MONTRIEF,Defendant.______________________________________/ CIRCUIT CIVIL DIVISIONCASE NO.: 12-CA-020975 (AI)JUDGE: HON. MEENU T. SASSER
ORDER GRANTING TEMPORARY INJUNCTION
THIS MATTER is before the Court upon the Motion for Temporary Injunction(“Motion”) filed by Plaintiffs, Comvest Investment Partners Holdings, LLC (“Comvest”), FMIAcquisition, LLC (“FMI”), John Caple, and Mark Klein. A hearing on the Motion was held onDecember 20, 2012, with counsel for Plaintiffs present.
1
Having considered the Motion, therecord, the relevant legal authority, and being otherwise duly advised in the premises, it is hereby
ORDERED and ADJUDGED
that the Motion is
GRANTED
.At the hearing, the Court heard testimony from Plaintiff Mark Klein. The Court findsthat the testimony was credible and trustworthy. The Court also received into evidence theDeclarations of Mark Klein and John Caple, both dated November 13, 2012. The Court makesthe following findings:
1
Counsel for the Defendant was present at the hearing as an observer.
 
 2Plaintiffs have demonstrated a substantial likelihood that they will succeed on the meritsof their claims for Defamation (Count I), Tortious Interference with Advantageous BusinessRelationships (Count II), and Injurious Falsehood (Count III).The elements of defamation and injurious falsehood (Counts I and III) are virtuallyidentical. Plaintiffs must show that (1) a falsehood (2) has been published, or communicated to athird person (3) when the defendant-publisher knows or reasonably should know that it willlikely result in inducing others not to deal with the plaintiff and (4) in fact, the falsehood doesplay a material and substantial part in inducing others not to deal with the plaintiff; and (5)special damages are proximately caused as a result of the published falsehood.”
 McAllister v. Breakers Seville Ass’n, Inc.
, 981 So. 2d 566, 573 (Fla. 4th DCA 2008) (injurious falsehood);
seealso Jews for Jesus, Inc. v. Rapp
, 997 So. 2d 1099, 1106 (Fla. 2008) (identifying virtuallyidentical elements for defamation).Here, Plaintiffs have presented sufficient evidence that Defendant published the falsestatements set forth at Paragraph 2(a) below, which he knew or should have known were false.Defendant knew or should have known that the statements would induce others not to deal withPlaintiffs; indeed, that was his intention.
2
Finally, Plaintiffs are substantially likely to show thatDefendant’s defamatory statements have played a material and substantial part in inducing othersnot to deal with Plaintiffs, and have caused damages to Plaintiffs in the form of lost sales,goodwill, business reputation, and costs associated with losing a candidate for an executive-levelposition.
2
Indeed, Plaintiffs presented evidence that one of the first lines on Defendants’ website was“FMI Fireplaces Products Fraud: Read This Before Doing Business with FMI Fireplaces,”making clear his intention to induce others not to do business with Plaintiffs.
 
 3Moreover, the Court finds that many of Defendant’s statements are defamatory
 per se
,and therefore, special damages are presumed,
3
but in any event, Mr. Klein provided testimonysupporting special damages.
See Army Aviation Heritage Foundation and Museum, Inc. v. Buis
,504 F. Supp. 2d 1254, 1259 (N.D. Fla. 2007) (a false publication that “deters third persons fromdealing with [plaintiff corporation], assails its management, or impugns its method of doingbusiness is actionable per se,” and plaintiff therefore need not show damages) (citing
 McIver v.Tallahassee Democrat, Inc.
, 489 So. 2d 793, 794 (Fla. 1st DCA 1986));
Scott v. Busch
, 907 So.2d 662, 667 (Fla. 5th DCA 2005) (“A statement that a person has committed a crime or donesomething illegal is one of the classic slander per se categories — that is, the pleader need notallege specific damages to state a cause of action.”). Accordingly, the Court finds that Plaintiffsare substantially likely to satisfy the elements for defamation and injurious falsehood.The elements of a cause of action for tortious interference with advantageous businessrelationships are: “(1) the existence of a business relationship [or prospective businessrelationship] under which the plaintiff has legal rights, (2) an intentional and unjustifiedinterference with that relationship by the defendant, and (3) damage to the plaintiff as a result of the breach of the business relationship.”
 Zimmerman v. D.C.A. at Welleby, Inc.
, 505 So. 2d 1371,1373 (Fla. 4th DCA 1987) (affirming in part temporary injunction for defamatory statementsuttered incident to tortious interference with advantageous business relationships) (quoting
Symon v. J. Rolfe Davis, Inc.
, 245 So. 2d 278, 280 (Fla. 4th DCA 1971)).Here, Comvest and FMI have presented sufficient evidence that (1) they have prospectivebusiness relationships with potential customers (in the case of FMI) and investors (in the case of Comvest); and (2) Defendant interfered with those relationships, intentionally and without
3
For example, the Defendant has stated that Plaintiffs operate a fraudulent enterprise, distributeunregistered guns, fund racist hate groups, have committed assault, and shoot up state property.
See
Paragraph 2(a),
infra
.

Activity (5)

You've already reviewed this. Edit your review.
Nancy West liked this
Nancy West liked this
1 thousand reads
1 hundred reads
Nancy West liked this

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->