Temporary & Preliminary Injunctions

After the filing of a lawsuit, a party can ask the judge to issue a temporary injunction.  The temporary injunction seeks to require the other party to either commit a certain act or to prohibit it from performing a particular action.

In a business or commercial law context, injunctions are often sought to enforce a non-compete agreement.  A non-compete agreement is a standard business agreement to prevent an employee from competing against his former employer after departing from the company. A temporary injunction can be obtained ex-parte (without notice and hearing to the other party) until an evidentiary hearing can be held for a possible preliminary injunction.  The preliminary injunction is usually valid until trial.

In order to receive a preliminary injunction, Plaintiffs need only show that: (1) it has a substantial likelihood of success on the merits; (2) 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.

Under Florida law, both of these injunctions are designated as a temporary injunction.  Additionally, the applicable Florida statute states that “No temporary injunction shall be entered unless the person seeking enforcement of a restrictive covenant gives a proper bond, and the court shall not enforce any contractual provision waiving the requirement of an injunction bond or limiting the amount of such bond.”