What is a motion for a preliminary injunction?
A motion for a preliminary injunction is a legal process typically used in civil lawsuits in the state of Florida. It is a request for a court order that requires one party to do – or refrain from doing – something until the case has been completely resolved. These orders are often sought when one party believes they will suffer irreparable harm if action is not taken immediately. For example, one party may file a motion for a preliminary injunction if they believe the other party is infringing on their copyright or disclosing confidential information. The court may grant this injunction, which would order the other party to stop their infringing activities until the case is decided. Similarly, a party may request an injunction to prevent a competitor from offering a duplicative product or service to the public until the case is decided. In order for an injunction to be granted in Florida, the party seeking it must demonstrate that they are likely to succeed in the litigation, that they will suffer immediate and irreparable harm without an injunction in place, and that the balance of convenience and public interest would be better served by granting an injunction than by denying one. If the court determines that these criteria have been met, it may grant a provisional injunction until the case is decided.
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