ATOMIC TATTOOS TRIAL

An appellant who challenges the trial court's order on a motion for temporary injunction has a heavy burden the trial court's ruling is presumed to be correct and can only be reversed where it is clear the court abused its discretion. This court reviews orders granting or denying temporary injunctions under the abuse of discretion standard. The motion prayed for a one-year injunction prohibiting Morgan from working in a business identical or similar to Atomic Tattoos and from soliciting Atomic Tattoos' customers. In the motion for temporary injunction, Atomic Tattoos alleged that prior to becoming an independent contractor with Atomic Tattoos, Morgan had no experience as a tattoo artist or in the tattoo industry that Atomic Tattoos provided Morgan with extraordinary training in an apprenticeship program which Atomic Tattoos had developed that Morgan had access to customer lists that upon his termination, Morgan contacted and solicited Atomic Tattoos' customers that Morgan admitted he had taken Atomic Tattoos' customer list that Morgan used the list to send out a mass mailing for Saints & Scholars and that Morgan continued to compete directly against Atomic Tattoos, in violation of the restrictive covenant. In June 2009 Atomic Tattoos filed suit against Morgan for breach of the agreement and subsequently filed its motion for temporary injunction. On April 17, 2009, Atomic Tattoos terminated Morgan, and Morgan subsequently opened Saints & Scholars Tattoos, approximately 6.3 miles from the Atomic Tattoos location that employed Morgan. It also prohibited Morgan from soliciting, accepting, diverting, or otherwise having any business relationships “in respect of providing tattoo artist and/or body piercing services” to existing customers of Atomic Tattoos. The covenant not to compete provided that for one year following termination of employment Morgan would not enter into or engage in any business in competition with Atomic Tattoos within a fifteen-mile radius of the location at which Morgan was employed. In January 2007 Morgan became an independent contractor tattoo artist with Atomic Tattoos and signed an independent contractor agreement which contained a restrictive covenant. Because the trial court abused its discretion in denying the motion, we reverse and remand with instructions.Ītomic Tattoos owned and operated a tattoo studio located in Largo, Florida. Petersburg (substituted as counsel of record), for Appellee.Ītomic Tattoos, LLC (“Atomic Tattoos”) seeks timely review of the non-final order denying its motion for temporary injunction seeking to enforce a covenant not to compete included in an independent contractor employment agreement (“agreement”). Paul Roecker of Pinkard Lynch & Robbins, St. Creed, III of Pinkard Lynch & Robbins, St.

Fraley of the Fraley Law Firm, Tampa, for Appellant. MORGAN d/b/a Saints & Scholars Tattoos, Appellee.

Atomic tattoos