Preliminary and Permanent Injunctive Relief

Preliminary and Permanent Injunctive Relief — South Florida Mediation, Litigation and Arbitration Attorney

A court may issue a preliminary injunction where the moving party demonstrates: (1) a substantial likelihood of success on the merits; (2) that irreparable injury will be suffered unless the injunction issues; (3) the threatened injury to the movant outweighs whatever damage the proposed injunction may cause the opposing party; and (4) if issued, the injunction would not be adverse to the public interest. A preliminary injunction is an extraordinary and drastic remedy not to be granted unless the movant clearly establishes the burden of persuasion as to each of the four prerequisites.

Under Florida law, an injunction will not be granted where it appears that the acts complained of have already been committed and there is no showing by the pleadings, and proof that there is a reasonably well grounded probability that such course of conduct will continue in the future.

Please keep in mind that the above information is being provided for educational purposes only. It is not designed to be complete in all material respects as each dispute rises and falls on its own set of facts. If you are involved in a dispute in which you believe that an injunction is appropriate, please contact us for your initial free consultation.