Injunction

Question 1

Injunction

Answer 1

A court order that commands or prohibits an action.

Question 2

Types of injunctions

Answer 2

Prohibitory injunction

• Ct orders D to stop an act
• writ of prohibition

Mandatory injunction

• Ct orders D to perform an act
• writ of mandamus

Question 3

Elements for an injunction

Answer 3

In Florida, the P must show:

1. No adequate legal remedy exists;
2. Protectable right is involved;
3. Ct enforcement of injunction is feasible, practical, and effective (ct can enforce it);
4. Hardship to D will not outweigh benefits to P (balancing test); and
5. No available equitable defenses that would defeat the entry of an injunction.

Question 4

Preliminary Injunctions and Temporary Restraining Orders

Answer 4

Both are treated the same.

Purpose is to maintain the status quo until a case can be heard on the merits.

P must show:

1. p will suffer irreparable harm;
2. No adequate remedy at law; and
3. Substantial likelihood of success on the merits.

Notice required unless:

1. there’s immediacy/emergency;
2. irreparable har may occur if not granted immediately; &
3. Plaintiff’s atty certified a GF attempt to notify D.

Bond requirement before injunction issued

• P required to give bond unless injunction is solely to prevent physical injury.
• Bond acts as damages if the injunction is wrongfully issued to cover D’s injuries

Question 5

Permanent Injunction

Answer 5

The final judgment of a court after adjudication on the merits.
-Alter the status quo and may be of limited duration.

P MUST show that she:

1. Possess a certain & clearly ascertainable right in need of protection;
2. Has not adequate remedy at law; and
3. Would suffer irreparable harm without the requested relief.

P must demonstrate he’s entitled to judgment.

Question 6

No adequate remedy at law

Answer 6

If pleadings demonstrate there’s a possibility of a legal result, the court can’t pursue equitable remedies.

Question 7

Irreparable harm

Answer 7

A harm that can’t be repaired.

Must be proof present that irreparable harm will occur.

Very fact specific - what is the harm that’ll occur?

Question 8

Injunction Order

Answer 8

Must be specific regarding injunctions, or any final restraining order, describing in detail what the court is ordering.

It’s not sufficient for P to rely on pleadings; must be included in the order.

Must be limited in scope and not go further than is necessary to safeguard plaintiff’s rights.

Question 9

Who is bound by injunctions?

Answer 9

Whether temporary or permanent:

• parties to the action
• officers of a corporation
• agents of the D
• employees of the D
• attorneys of the D
• those ppl in active concert to participation with any of the above, who receive actual notice of the Order by personal service or otherwise