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Temporary Injunctions Toolkit (FL)
Practical Law Toolkit w-016-1372 (Approx. 6 pages)
Resources to assist counsel in moving for temporary injunctive relief in Florida state court. Specifically, this Toolkit offers resources explaining the issues to consider before requesting temporary injunctive relief, the applicable rules for requesting temporary injunctions both with notice and ex parte, and how to draft, file, and serve a motion for temporary injunction. This Toolkit also includes resources that explain how to prepare for and navigate a temporary injunction hearing and how to dissolve or appeal a temporary injunction order.
A party (usually the plaintiff) in a Florida circuit court civil case may ask the court to enter a temporary injunction ordering another party to take or refrain from taking certain action until the court enters a final judgment. Temporary injunctive relief is appropriate when a party's conduct is likely to cause immediate and irreparable harm to the opposing party.
A party may request a temporary injunction with notice to the opposing party or on an ex parte basis (which is similar to the temporary restraining order (TRO) recognized by Federal Rule of Civil Procedure 65(b)). Litigants often request temporary injunctive relief by filing a motion with the complaint at the beginning of a lawsuit. A temporary injunction may become permanent by entry of an appropriate court order.
This Temporary Injunctions Toolkit contains resources to help counsel draft and file a motion for a temporary injunction in a Florida circuit court (alone or in conjunction with case-initiating documents). The resources also address preparing for a hearing on the motion and dissolving or appealing an order granting or denying temporary injunctive relief.