Monday, June 22, 2009

Temporary Injunction Order Must Make Specific Factual Finding for Each Element of Injunction

In Jouvence Center for Advanced Health, LLC v. Jouvence Rejuvenation Centers, LLC (4D08-4753), the Fourth DCA reversed the entry of a temporary injunction. The injunction order enjoined the appellant "from continuing use of Appellee[s']...patient files and proprietary information and establishing an injunction bond of $1000."

“A trial court's ruling on a temporary injunction comes to the appellate court with a presumption of correctness, reversible only upon a showing of a clear abuse of discretion...A party seeking a temporary injunction must prove: (1) that it will suffer irreparable harm unless the status quo is maintained; (2) that it has no adequate remedy at law; (3) that it has a substantial likelihood of success on the merits; (4) that a temporary injunction will serve the public interest...The party must also establish that it has a clear legal right to the relief sought...Finally, a trial court must make clear, definite, and unequivocally sufficient factual findings supporting each of the required elements before entering an injunction."

"the trial court neglected to make specific findings of fact regarding the four elements which must be shown before a preliminary injunction may be entered, and we reverse and remand for the trial court to make the required findings. Whether additional evidence is needed in order to make the necessary findings, we leave to the trial court’s determination."


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