What is a preliminary injunction in civil litigation?
A preliminary injunction in civil litigation is a court order from a judge that requires a party involved in a civil lawsuit to either refrain from a specific action or to take a certain action. These orders are generally issued when a party requests an immediate remedy from the court, before the case reaches its final resolution. In the state of Florida, a party may seek a preliminary injunction in a civil lawsuit if they can demonstrate that immediate and irreparable harm may occur if the injunction is not issued. The request for a preliminary injunction requires the party to show that they have a strong likelihood of success in the lawsuit. The court must also determine that the harm that the party would suffer without the grant of the injunction would outweigh any harm to the opposing party. The court must also investigate whether an alternative remedy will provide adequate protection to the party that is requesting the preliminary injunction. If the court determines that the party has presented a compelling case, the court will issue the injunction. Preliminary injunctions are generally granted for a specific period of time until the court is able to make a final determination on the merits of the case. A court can also modify or dissolve a preliminary injunction if it determines that the circumstances warrant it.
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