Question 1

What is a preliminary injunction in Florida?

Accepted Answer

A preliminary injunction is a court order issued before trial that requires a party to do or refrain from doing a specific act. In Florida: a preliminary injunction is designed to: preserve the status quo until the case can be decided on the merits, prevent irreparable harm that cannot be compensated by money damages, and maintain the court’s ability to render a meaningful decision. The preliminary injunction is a powerful remedy: it imposes obligations on the defendant before the plaintiff has proven their case.

Question 2

What must a plaintiff prove to obtain a preliminary injunction in Florida?

Accepted Answer

Requirements (four-part test): substantial likelihood of success on the merits (the plaintiff must demonstrate that they are likely to prevail at trial), irreparable harm (the plaintiff must show that they will suffer harm that cannot be adequately compensated by money damages), balance of hardships (the harm to the plaintiff without the injunction must outweigh the harm to the defendant with the injunction), and public interest (the injunction must not be adverse to the public interest). All four elements must be satisfied. The burden of proof is on the plaintiff.

Question 3

How is a preliminary injunction enforced in Florida?

Accepted Answer

Enforcement: a party who violates a preliminary injunction can be held in contempt of court. Consequences: civil contempt (a coercive sanction designed to compel compliance: fines, imprisonment until compliance), and criminal contempt (a punitive sanction for willful disobedience: fines, imprisonment). The injunction must be: specific in its terms (clearly stating what the defendant must do or not do), and served on the defendant (the defendant must have actual notice of the injunction). Florida Rule of Civil Procedure 1.610: the court may require the plaintiff to post a bond (to compensate the defendant if the injunction is later found to have been improvidently granted).

Preliminary Injunction Standard Requirements

Preliminary Injunctions in Florida

Standard

Procedure

Enforcement

Related Terms

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