Preliminary Injunction Form Foreclosure In Maricopa
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An injunction is a court order requiring a person to do or cease doing a specific action. There are three types of injunctions: Permanent injunctions , Temporary restraining orders and preliminary injunctions . Temporary restraining orders (TRO) and preliminary injunctions are equitable in nature.
Preliminary Order means the order preliminarily approving the Agreement, conditionally certifying the Settlement Class and Settlement Sub-Classes, approving the forms of class notice, and scheduling a Fairness Hearing, to be entered by the Court.
An injunction or temporary restraining order is an order from the court prohibiting a party from performing or ordering a specified act, either temporarily or permanently.
An injunction is an equitable remedy in the form of a special court order compelling a party to do or refrain from doing certain acts.
Considered as the most rigorous of all injunctions, a mandatory injunction directs the defendant to perform an act. For example, if a court orders the removal of a building or structure due to misplaced construction, then it fits the description of a mandatory injunction.
For instance, if a new company wants to build overtop an old gravesite, the owner of the land could file an injunction against the company. The landowner would be the plaintiff and the company trying to build would be the defendant. An injunction would be appropriate in this case because it prevents irreparable harm.
A preliminary injunction is an order of the. court preventing a party from doing specified acts during the underlying litigation. It is an “extraordinary measure” to preserve the status quo until a trial can be had on the merits.
Preliminary injunction. n. a court order made in the early stages of a lawsuit or petition which prohibits the parties from doing an act which is in dispute, thereby maintaining the status quo until there is a final judgment after trial. See also: injunction permanent injunction temporary injunction.
To seek a permanent injunction, the plaintiff must pass the four-step test: (1) that the plaintiff has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for the injury; (3) that the remedy in equity is warranted upon consideration of the balance ...
These courts consider: (1) the likelihood of success on the merits; (2) irreparable harm if the injunction is not granted; (3) whether a balancing of the relevant equities favors the injunction; and (4) whether the issuance of the injunction is in the public interest.
