FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
for Writ of Certiorari -- Original Jurisdiction.
M. LaDouceur and Chris K. Ritchie of Galloway, Johnson,
Tompkins, Burr & Smith, P.L.C., Pensacola, for
E. Harrell and Robert J. Powell of Clark Partington,
Pensacola, for Respondent.
Cristina Tarantola seeks certiorari review of an order
holding her in civil contempt for violating the terms of a
preliminary injunction related to an employment, non-compete
agreement entered into by the parties. We grant the petition
and quash the order below.
2012, Dr. Tarantola signed an employment agreement with Dr.
Henghold that contained a covenant not to compete. Among
other things, the covenant prohibited Dr. Tarantola, after
leaving employment, from "[d]irectly or indirectly
rendering medical services that include performing Mohs
surgery in any capacity for [her] own account or for
others" within a forty-mile radius of Dr. Henghold's
office and from "[p]articipating in any advertising or
marketing activity within the restricted area for the purpose
of soliciting patients to obtain medical services that
include or may include Mohs surgery."
Dr. Tarantola's employment ended, Dr. Henghold sought to
enforce the non-compete covenant in the trial court. He
obtained a preliminary injunction enjoining Dr. Tarantola
from practicing dermatological medicine within a forty-mile
radius of the Henghold Practice. Dr. Tarantola appealed the
injunction and this court reversed, finding the preliminary
injunction to be overly broad. Tarantola v.
Henghold, 214 So.3d 726, 726 (Fla. 1st DCA 2017). We
directed specifically that the injunction should be narrowed
because the covenant did not prohibit Dr. Tarantola from
practicing general dermatology unrelated to Mohs surgery.
Id. at 727.
the opinion issued, Dr. Tarantola put up a billboard
advertising her practice and activated a website for her
business. Dr. Henghold believed that these actions violated
the preliminary injunction's advertising ban and he moved
for civil contempt sanctions. The trial court held a hearing
and agreed with Dr. Henghold. It found a violation of the
preliminary injunction and held Dr. Tarantola in civil
contempt for advertising herself "as a doctor who could
provide Mohs surgery related services" within the
restricted area. The order threatened a $1, 640 per day fine
unless Dr. Tarantola complied with the following alternative
a. Take down and deactivate the current Tarantola Dermatology
b. Remove the current Tarantola Dermatology billboard that is
located in either Pensacola or Escambia County, Florida.
c. Place at her reception desk in both her Pensacola and Gulf
Breeze offices the following notice in at least 20 point
Times New Roman or Arial type: "Dr. Tarantola is
currently prohibited from performing Mohs surgery and any
preoperative or postoperative medical services associated
with Mohs surgery in this office pursuant to the injunction
entered in Case No: 15-1805 CA in and for Escambia County,
d. Do not notify patients in her Pensacola and Gulf Breeze
offices that she can perform Mohs surgery related ...