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DOUG PHILLIPS, EDWARD R. GOFF, et al., Appellants, v. CORPORATE EXPRESS OFFICE PRODUCTS, INC., Appellee.

ON MOTION FOR REHEARING

PLEUS, J.

Appellants, in a motion for rehearing, ask us to determine whether the trial court improperly set the amount of the injunction bond without an evidentiary hearing and whether an enjoined party can recover damages in excess of the bond amount so set. We decline both invitations.

The principles of judicial economy and ripeness dictate that appellate review of these issues at this time would be premature. If or when any final judgment for damages resulting from the injunction is obtained, and if the damages found to exist are greater than the bond amount, the alleged error involving the setting of the bond amount and the question of such a bond being an upper limit on damages can then be addressed by the trial court. Nothing in this opinion should be construed as an indication of our position on these issues.

The appellees have also filed motions for rehearing and clarification in which they argue that certain portions of the preliminary injunction were not appealed, and therefore, reversal of the preliminary injunction creates doubt as to the enforceability of the unappealed portions.

It was our intent to address only the enforceability of the non-complete agreement. It was not our intent to reverse any portion of the injunction which is unrelated to the non-compete agreement. The trial court may continue the injunction, as it sees appropriate, on the use and disclosure of trade secrets and other confidential and propriety information under the Uniform Trade Secrets Act or specific common law prohibitions.

MOTIONS DENIED.

THOMPSON, C.J., and PETERSON, J., concur.

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PHILLIPS v. CRP EXPRS OFC PRD.., 5D01-864 (Fla.App. 5 Dist. 11-9-2001)
(Nov 9, 2001)