Our attorney
Julia Solivan recently obtained an emergency injunction for our clients against their former business partner in an ongoing business ownership dispute involving a Florida limited liability company.
What is a Temporary Injunction and What is Required
“A temporary injunction is an extraordinary remedy that should be granted sparingly. The purpose of a temporary injunction is to preserve the status quo while the movant seeks permanent injunctive relief. Four essential elements must be proven to obtain this extraordinary relief: (1) a substantial likelihood of success on the merits, (2) a lack of an adequate remedy at law, (3) the likelihood of irreparable harm absent the entry of an injunction, and (4) that injunctive relief will serve the public interest. Each of these elements must be proven by the movant with competent, substantial evidence.” Holland M. Ware Charitable Found. v. Tamez Pine Straw Ltd. Liab. Co., 343 So. 3d 1285, 1289 (Fla. 1st DCA 2022) (internal citations omitted)
As put by partner
Ryan Sawal, “We don’t seek injunctions, especially those on an emergency basis, lightly. However, considering the facts of this case, as well as the danger of harm to our client if we did not quickly, it was clear to us that such action was necessary in this case.”
The Case At Hand
The injunction, which was based upon the opposing party’s disregard for the LLC’s operating agreement, as well as the alleged theft of company funds, was granted following an extensive evidentiary hearing, wherein the parties were required to provide testimony and substantiate the irreparable harm alleged.
The Court ultimately found that the actions of our clients’ former business partner had caused and would continue to cause irreparable harm to our clients and their business operations. Moreover, the court found that there had been multiple unauthorized transfers from the company bank account to personal bank accounts. Additionally, the court found that our clients were likely to prevail on the merits of our claims based upon the operating agreement between the parties. This culminated in the court ultimately granting a temporary injunction to protect the interests of our clients as the case progresses.
Regarding the result, Attorney Solivan had this to say, “This is a major victory for our clients. While the case is not resolved, this injunction order is key in preserving our clients’ business and business relationships, while the justice system runs its course.”
Experienced Litigation Representation
Our firm regularly represents clients in complex real estate and business disputes, including partnership conflicts, property ownership disputes, operating agreement litigation, and appeals.
If you are involved in a dispute concerning real estate ownership, business entities, or contractual authority, contact one of our experienced attorneys in Miami at 305-570-2208.
You can also contact our team directly at: arianna@ayalalawpa.com
Schedule a case evaluation online here.
[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].
