Motion for Preliminary Injunction in Louisiana

What Is a Motion for Preliminary Injunction?

Understanding the Purpose and Significance of a Motion for Preliminary Injunction

“A preliminary injunction is an interlocutory order issued in summary proceedings incidental to the main demand for permanent injunctive relief.” (See Farmer's Seafood Co. v. State ex rel. Dep't of Pub. Safety, (2011) 2010-1746, 56 So.3d 1263, 1266; Byron E. Talbot Contractor, Inc. v. Lafourche Par. Sch. Bd. (2021) 332 So. 3d 699, 702.)

“The purpose of a TRO and a preliminary injunction is to preserve the status quo during the litigation.” (See Bollinger Mach. v. U.S. Marine, Inc. (1992) 595 So. 2d 756, 761.)

“A plaintiff seeking issuance of a preliminary injunction bears the burden of establishing, by a preponderance of the evidence, a prima facie showing that he will prevail on the merits and that irreparable injury or loss will result without the preliminary injunction.” (See Byron E. Talbot Contractor, Inc. v. Lafourche Par. Sch. Bd. (2021) 332 So. 3d 699, 702; La. C.C.P. art. 3601; Stevens v. St. Tammany Par. Gov't (2017) 2016-0197, 212 So.3d 562, 565.)

Procedural Steps Involved in Filing a Motion for Preliminary Injunction

Injunctions are governed under Chapter 2 subsections 3601-3603 of the Louisiana Code of Civil Procedure.

“An injunction shall be issued in cases where irreparable injury, loss, or damage may otherwise result to the applicant, or in other cases specifically provided by law; provided, however, that no court shall have jurisdiction to issue, or cause to be issued, any temporary restraining order, preliminary injunction, or permanent injunction against any state department, board, or agency, or any officer, administrator, or head thereof, or any officer of the state of Louisiana in any suit involving the expenditure of public funds under any statute or law of this state to compel the expenditure of state funds when the director of such department, board, or agency or the governor shall certify that the expenditure of such funds would have the effect of creating a deficit in the funds of said agency or be in violation of the requirements placed upon the expenditure of such funds by the legislature.” (See La. Code Civ. Proc. art. 3601(A).)

“A preliminary injunction shall not issue unless notice is given to the adverse party and an opportunity had for a hearing. An application for a preliminary injunction shall be assigned for hearing not less than two nor more than ten days after service of the notice.” (See La. Code Civ. Proc. art. 3602.)

Discretion of the Court in Deciding a Motion for Preliminary Injunction

“The trial court has great discretion in granting or denying a preliminary injunction.” (See Whitlock v. Fifth La. Dist. Levee Bd. (2015) 164 So. 3d 310, 320.)

“This court stated that it is well settled that a court of appeal should not set aside a trial court's finding of fact in the absence of manifest error or unless it is clearly wrong.” (See id; Walker Lands, Inc. v. East Carroll Parish Police Jury (2004) 38,376, 871 So.2d 1258, writ denied, 04–1421 (La.6/3/05), 903 So.2d 442.); Stobart v. State through Dept. of Transp. & Dev. (1993) 617 So.2d 880.)

“The reviewing court must do more than just simply review the record for some evidence which supports or controverts the trial court's findings; it must, instead, review the record in its entirety to determine whether the trial court's finding was clearly wrong or manifestly erroneous.” (See id.)

“The issue to be resolved by a reviewing court is not whether the trier of fact was right or wrong, but whether the fact finder's conclusion was a reasonable one.” (See id; Cosse v. Allen–Bradley Co. (1992) 601 So.2d 1349.)

“If the trial court's findings are reasonable in light of the record reviewed in its entirety, the court of appeal may not reverse, even if convinced that, had it been sitting as the trier of fact, it would have weighed the evidence differently.” (See Whitlock v. Fifth La. Dist. Levee Bd. (2015) 164 So. 3d 310, 320; Housley v. Cerise (1991) 579 So.2d 973.)

Legal Precedents and Case Law on a Motion for Preliminary Injunction

It is well settled that “under La. C.C.P. art. 3601, [a]n injunction shall issue in cases where irreparable injury, loss or damage may otherwise result to the applicant, or in other cases specifically provided by law. An injunction is a harsh, drastic, and extraordinary remedy, and it should only issue where the mover is threatened with irreparable loss or injury without adequate remedy at law.” (See Boh Bros. Constr. Co. v. Par. of Jefferson (2021) 325 So. 3d 500, 504; Richard v. Bourgeois (2020) 19-494, 293 So.3d 790, 793-94.)

It is also well settled that “the issuance of a permanent injunction takes place only after a trial on the merits, in which the burden of proof must be carried by a preponderance of the evidence, rather than a prima facie showing.” (See Charter Sch. v. St. Helena (2009) 9 So. 3d 209, 218; Hughes v. Muckelroy (1997) 97-0618, 700 So.2d 995, 998.)

Dockets for Motion for Preliminary Injunction in Louisiana

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LITWIN, NANCY K. versus THE 1750 SAINT CHARLES CONDOMINIUM HOMEOWNERS ASSOC. INC.

Filed

May 10, 2024

Court

District

County

Orleans Parish, LA

Case #