What is an injunction?
An injunction is a type of court order that prevents a person or company from performing certain acts. In some circumstances, an injunction may require a person or company to take certain affirmative action.
An injunction is considered an equitable remedy that gets fashioned by the judge, not a jury, and its entry is within the judge’s discretion. Injunctions are only available when irreparable harm is established and money damages will not sufficiently address the injury.
Several different types of injunctions exist under the law. They are as follows:
1. Temporary Injunction.
A temporary injunction is a remedy used to preserve the status quo pending a final trial on the merits. Temporary injunctions are designed to prevent ongoing irreparable harm while a case is pending. In Florida, in addition to the moving party having to prove irreparable harm and the inadequacy of an award of money damages, the moving party also must prove a substantial likelihood of success on the merits and that the temporary injunction supports the public’s interest. A temporary injunction requires the moving party to post a bond to secure the adverse party against any damage incurred for the wrongful issuance of the temporary injunction. In extremely limited circumstances, a temporary injunction may be issued without providing notice of hearing to the adverse party.
2. Permanent Injunction
A permanent injunction is a final injunction issued by the judge after a trial on the merits of the parties’ claims and defenses. Permanent injunctions are perpetual in time and must be specifically described in the form of a judgment. The judge, not the jury, decides whether a permanent injunction should be issued.
3. Preventative Injunction
A preventative injunction may be a temporary or permanent injunction. A preventative injunction, as its name implies, prevents a party from performing certain acts.
4. Mandatory Injunction
A mandatory injunction may be a temporary or permanent injunction. A mandatory injunction requires a party to take certain affirmative action. Mandatory injunctions are more rarely issued than preventative injunctions, in part, because they are difficult for a court to monitor and enforce.
In sum, injunctions are an important equitable remedy available in business litigation cases in the appropriate circumstances.
Please Note: McCabe Rabin, P.A. provides these FAQ’s for informational purposes only, and you should not interpret this information as legal advice. If you want advice as to how the law might apply to the specific facts and circumstances of your case, please contact one of our attorneys.