Motion for Preliminary Injunction in Indiana

What Is a Motion for Preliminary Injunction?

Understanding the Purpose and Significance of a Motion for Preliminary Injunction

“An ‘injunction’ is a court order commanding or preventing an action." (See Lake Cnty. v. House (2021) 168 N.E.3d 278, 287.)

“The function of a preliminary injunction is to preserve the status quo pending the final determination of the case on the merits.” (See City of Ft. Wayne et al. v. State ex Rel. Hoagland (1976) 168 Ind. App. 262, 267.)

“The status quo has been defined as the last actual, peaceable, non-contested status proceding the pending controversy.” (See Rees v. Panhandle Eastern Pipe Line Co. (1978) 176 Ind. App. 597, 605.)

Procedural Steps Involved in Filing a Motion for Preliminary Injunction

“A preliminary injunction is a remedy that is generally used to preserve the status quo as it existed prior to a controversy pending a full determination on the merits of that controversy.” (See Tomahawk Village Apartments v. Farren (1991) 571 N.E.2d 1286, 1292-93.)

“To obtain a preliminary injunction, the moving party has the burden of showing by a preponderance of the evidence that:

the movant has at least a reasonable likelihood of success at trial by establishing a prima facie case;
the movant's remedies at law are inadequate, thus causing irreparable harm pending resolution of the substantive action;
threatened injury to the movant outweighs the potential harm to the nonmoving party resulting from the granting of an injunction; and
the public interest would not be disserved by the granting of the injunction.”

(See Holcomb v. T.L., 175 N.E.3d 1177, 1180-81 (Ind. App. 2021)

“The movant must prove each of the requirements to obtain a preliminary injunction, and if the movant fails to prove even one of these requirements, the trial court cannot grant an injunction.” (See id.)

“The plaintiff has a duty to demonstrate that he will suffer injury which is certain and irreparable if the application is denied.” (See Mid-America Marketing, Inc. v. Falender Development Corp. (1980) 406 N.E.2d 372, 377.)

“In making its decision, the trial court must evaluate the harm which may be caused the defendant if the injunction is issued, as compared with the harm which will befall the plaintiff if the application is denied.” (See id.)

“Likewise, the trial court has a duty to consider whether the public interest will be promoted or harmed by the granting or denying of the application for a preliminary injunction.” (See id.)

“The hearing for permanent injunction allows the parties to adjudicate the facts of the controversy in much greater detail.” (See Tomahawk Village Apartments v. Farren (1991) 571 N.E.2d 1286, 1292-93.)

“A trial court may grant a preliminary injunction and, upon further consideration, dissolve it and refuse to issue a permanent injunction.” (See id.)

Discretion of the Court in Deciding a Motion for Preliminary Injunction

"The grant or denial of a preliminary injunction is within the sound discretion of the trial court, and the scope of appellate review is limited to deciding whether there has been a clear abuse of discretion.” (See Bigley v. MSD of Wayne Twp. Sch. (2004) 823 N.E.2d 278, 281; Zimmer, Inc. v. Davis (2010) 922 N.E.2d 68, 71.)

“When determining whether to grant a preliminary injunction, the trial court is required to make special findings of fact and state its conclusions thereon.” (See id.)

“When findings and conclusions are made, the reviewing court must determine if the trial court's findings support the judgment.” (See id.)

“The trial court's judgment will be reversed only when clearly erroneous.” (See id.)

“Findings of fact are clearly erroneous when the record lacks evidence or reasonable inferences from the evidence to support them.” (See id.)

“A judgment is clearly erroneous when a review of the record leaves us with a firm conviction that a mistake has been made.” (See id.)

“We consider the evidence only in the light most favorable to the judgment and construe findings together liberally in favor of the judgment.” (See id.)

Legal Precedents and Case Law on a Motion for Preliminary Injunction

It is well settled that “a preliminary injunction is an interlocutory order issued while an action is pending.” (See Holcomb v. T.L. (2021) 175 N.E.3d 1177, 1180.)

It is also well settled that “the power to issue a preliminary injunction should be issued sparingly, and such relief should not be granted except in rare instances.”

Dockets for Motion for Preliminary Injunction in Indiana

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Indiana Department of Environmental Management v. Dave Witmer, Jr., W R Farms LLC, Adam Witmer

1 File

Filed

May 08, 2024

Status

Active

Court

Circuit

County

Allen County, IN

Case #