Chemere Ellis, PLLC is pleased to announce that on January 13, 2026, Chemere Ellis and Kristen Rickard achieved a favorable outcome for a client in a Florida restrictive covenant dispute, successfully defeating claims seeking to enforce non-compete and related restrictive covenant provisions.
The plaintiff initiated the action attempting to enforce restrictive covenant provisions against our client. After evaluating the claims and the governing Florida law, our attorneys filed a motion for summary judgment, demonstrating that the restrictive covenant claims were not supported by the facts or applicable legal standards. At the same time, the firm served a notice pursuant to Section 57.105, Florida Statutes, advising opposing counsel of the legal deficiencies in the claims and providing an opportunity to withdraw them.
Both steps reflect high legal thresholds under Florida law. Summary judgment is only appropriate where there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law — a demanding standard that requires careful factual and legal analysis. Likewise, Section 57.105 authorizes fee sanctions only where a claim is not supported by the material facts or the application of existing law, and where counsel fails to withdraw the claim after receiving notice. Courts apply this statute cautiously, and it is not triggered by close questions or good-faith disputes.
Given the high thresholds necessary to succeed, our team worked tirelessly to investigate the facts and identify significant legal and factual issues underlying the restrictive covenant claims. Following the filing of the summary judgment motion and service of the Section 57.105 notice, the plaintiff voluntarily dismissed the counts seeking to enforce the restrictive covenant provisions, resulting in a successful outcome for our client.
This outcome highlights the firm’s experience in:
- Defending restrictive covenant and non-compete claims
- Leveraging Florida’s summary judgment standard
- Strategically utilizing Section 57.105 to address claims lacking sufficient legal or factual support
Our attorneys regularly represent businesses and individuals in restrictive covenant disputes throughout Florida, including matters involving non-compete agreements, non-solicitation provisions, and confidentiality obligations.
Congratulations to our clients and Chemere and Kristen for securing this well-deserved victory. For more information, please contact Chemere Ellis at cellis@chemereellis.com, or Kristen Rickard at krickard@chemereellis.com.
