“The sole purpose of a temporary injunction is to preserve the status quo and thus avoid possible irreparable injury to a party pending litigation.” (See Zabinski v. Bright Acres Assocs. (2001) 346 S.C. 580, 601, 553 S.E.2d 110, 121; Powell v. Immanuel Baptist Church (1973) 261 S.C. 219, 199 S.E.2d 60.)
“Pursuant to Rule 65(b), SCRCP, a trial judge can issue a temporary restraining order without providing notice where it clearly appears from specific facts shown by affidavit or by verified complaint that immediate or irreparable injury, loss or damage will result to the applicant before notice can be served and a hearing had thereon." (See Zabinski v. Bright Acres Associates (2001) 346 S.C. 580, 600-01.)
“An applicant for a preliminary injunction must allege sufficient facts to state a cause of action for injunction and demonstrate that this relief is reasonably necessary to preserve the rights of the parties during the litigation.” (See Allegro, Inc. v. Scully, Opinion No. 4997, at *10 (S.C. Ct. App. July 11, 2012); Cnty. of Richland v. Simpkins (2002) 348 S.C. 664, 669, 560 S.E.2d 902, 904.)
Rule 65 of the South Carolina Rules of Civil Procedure governs temporary restraining orders and temporary injunctions.
“No temporary injunction shall be issued without notice to the adverse party.” (See S.C. R. Civ. P. 65(a).)
“No temporary restraining order shall be granted without notice of motion for the order to the adverse party unless it clearly appears from specific facts shown by affidavit or by a verified complaint that immediate and irreparable injury, loss or damage will result to the applicant before notice can be served and a hearing had thereon.” (See S.C. R. Civ. P. 65(b).)
“Every temporary restraining order granted without notice shall be endorsed with the date and hour of issuance; shall be filed forthwith in the clerk's office and entered of record; shall be served, together with a summons and complaint in the event no summons and complaint have previously been served in the action, upon the adverse party in accordance with the provisions of Rule 4; shall define the injury and state why it is irreparable and why the order was granted without notice; and shall expire by its terms within such time after entry, not to exceed 10 days, as the court fixes, unless within the time so fixed the order, for good cause shown, is extended for a like period or unless the party against whom the order is directed consents that it may be extended for a longer period.” (See id.)
“The reasons for the extension shall be entered of record. In case a temporary restraining order is granted without notice, the motion for a temporary injunction shall be set down for hearing at the earliest possible time and takes precedence of all matters except older matters of the same character; and when the motion comes on for hearing the party who obtained the temporary restraining order shall proceed with the application for a temporary injunction and, if he does not do so, the court shall dissolve the temporary restraining order.” (See id.)
“On two days' notice to the party who obtained the temporary restraining order without notice or on such shorter notice to that party as the court may prescribe, the adverse party may appear and move its dissolution or modification and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.” (See id.)
“The decision to grant or deny temporary injunctive relief is within the sound discretion of the trial judge and will not be overturned absent an abuse of discretion.” (See City of Columbia v. Pic-A-Flick Video, Inc. (2000) 340 S.C. 278, 282, 531 S.E.2d 518, 520; FOC Lawshe Ltd. Partnership v. International Paper Co. (2002) 352 S.C. 408, 413.)
“An abuse of discretion occurs when a trial court's decision is unsupported by the evidence or controlled by an error of law.” (See Zabinski v. Bright Acres Assocs. (2001) 346 S.C. 580, 601, 553 S.E.2d 110, 121.)
“It is well settled that, in determining whether a temporary injunction should issue, the merits of the case are not to be considered, except in so far as they may enable the court to determine whether a prima facie showing has been made. When a prima facie showing has been made entitling plaintiff to injunctive relief, a temporary injunction will be granted without regard to the ultimate termination of the case on the merits.” (See Allegro, Inc. v. Scully, Opinion No. 4997, at *10 (S.C. Ct. App. July 11, 2012); Transcontinental Gas Pipe Line Corp. v. Porter (1969) 252 S.C. 478, 481, 167 S.E.2d 313, 315.)
“A temporary injunction is granted without prejudice to the rights of either party pending a hearing on the merits, and when other issues are brought to trial, they are determined without reference to the temporary injunction." (See id; Helsel v. City of N. Myrtle Beach (1992) 307 S.C. 29, 32, 413 S.E.2d 824, 826.)
5 pages
ELECTRONICALLY FILED - 2024 May 06 10:18 AM - CHARLESTON - COMMON PLEAS - CASE#2024CP1002352 STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS COUNTY OF CHARLESTON CASE NUMBER 2024-CP-10-__________ Ashlee Whitehead, SUMMONS Plaintiff, …
Charleston County, SC
May 06, 2024
Employment 180
Clerk Of Court C P, G S, And Family Court
Charleston County, SC
Apr 29, 2024
Contract/Other 199
Clerk Of Court C P, G S, And Family Court
Mar 19, 2024
Pending/ADR
Charleston County, SC
Mar 19, 2024
Claim & Delivery 400
Clerk Of Court C P, G S, And Family Court
25 pages
Case 1:16-cv-00738-PLM-RSK CF No. 1 filed 06/14/16 PagelD.1 Page 1 of 6 ple! t UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN (p SOUTHERN DIVISION …
Greenville County, SC
Oct 06, 2023
Magistrate Civil 910
Clerk Of Court C P, G S, And Family Court
7 pages
ELECTRONICALLY FILED - 2023 Oct 03 10:16 AM - GREENVILLE - COMMON PLEAS - CASE#2023CP2305115 STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS ) COUNTY OF GREENVILLE ) Case No. 2023-CP-23-___________ ) W. Bayne Brown, Robert V. Coffman, …
Greenville County, SC
Oct 03, 2023
Permanent Injunc 830
Clerk Of Court C P, G S, And Family Court
3 pages
ELECTRONICALLY FILED - 2023 Oct 03 9:15 AM - RICHLAND - COMMON PLEAS - CASE#2023CP4004945 STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS ) COUNTY OF RICHLAND ) FOR THE FIFTH JUDICIAL CIRCUIT ) ) CASE NO.: 2023-CP…
Richland County, SC
Oct 03, 2023
Personal Injury 350
Clerk Of Court C P, G S, And Family Court
6 pages
ELECTRONICALLY FILED - 2023 Oct 02 3:42 PM - GREENVILLE - COMMON PLEAS - CASE#2023CP2305102 STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS FOR THE THIRTEENTH JUDICIAL CIRCUIT COUNTY OF GREENVILLE Case No. __________________ Southern P…
Greenville County, SC
Oct 02, 2023
Fraud/Bad Faith 150
Clerk Of Court C P, G S, And Family Court
3 pages
ELECTRONICALLY FILED - 2023 Oct 02 4:11 PM - BEAUFORT - COMMON PLEAS - CASE#2023CP0701867 STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS ) CIVIL ACTION NO.: 2023-CP-07-01867 COUNTY OF BEAUFORT ) ) MARY ELLEN KELLY, …
Oct 02, 2023
Pending/ADR
Beaufort County, SC
Oct 02, 2023
Personal Injury 350
2 pages
ELECTRONICALLY FILED - 2023 Oct 02 4:11 PM - BEAUFORT - COMMON PLEAS - CASE#2023CP0701867 Certificate of Electronic Notification Recipients Roberts Vaux - Notification transmitted on 10-02-2023 04:11:46 PM. Victoria Tuten - Notification transmitted on 10-02-2023 04:11:46 PM. ELECTRONICALLY FILED - 2023 …
Oct 02, 2023
Pending/ADR
Beaufort County, SC
Oct 02, 2023
Personal Injury 350
7 pages
Kenneth E Norsworthy Jr Attorney at Law NORSWORTHY 2a wee as 218 Trade Street, Suite D Greer, South Carolina 29651 g ni …
Sep 29, 2023
Pending/ADR
Greenville County, SC
Sep 29, 2023
Real Prop/Other 499
Clerk Of Court C P, G S, And Family Court
13 pages
ELECTRONICALLY FILED - 2023 Sep 29 10:41 AM - GREENVILLE - COMMON PLEAS - CASE#2023CP2305046 STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS COUNTY OF GREENVILLE FOR THE THIRTEENTH JUDICIAL CIRCUIT John S. Warren, Jr., and Courtney P. Warren, Case …
Greenville County, SC
Sep 29, 2023
Real Prop/Other 499
Clerk Of Court C P, G S, And Family Court
5 pages
ELECTRONICALLY FILED - 2023 Sep 29 3:35 PM - FLORENCE - COMMON PLEAS - CASE#2023CP2102321 STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS COUNTY OF FLORENCE FOR THE TWELFTH JUDICIAL CIRCUIT Jon Necci, SUMMONS Plaintiff, v. Clarios, LLC, …
Sep 29, 2023
Pending/ADR
Florence County, SC
Sep 29, 2023
Employment 180
Clerk Of Court C P, G S, And Family Court
13 pages
ELECTRONICALLY FILED - 2023 Sep 28 2:36 PM - PICKENS - COMMON PLEAS - CASE#2023CP3901066 STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS ) THIRTEENTH JUDICIAL CIRCUIT COUNTY OF PICKENS ) ) Civil Action No.: 2023-CP-39-______ …
Pickens County, SC
Sep 28, 2023
Person Inj/Other 399
Clerk Of Court C P, G S, And Family Court
7 pages
ELECTRONICALLY FILED - 2023 Sep 26 3:15 PM - FLORENCE - COMMON PLEAS - CASE#2023CP2102282 STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS C/A # 2023-CP-21-______ COUNTY OF FLORENCE DeGen Medical, Inc., Plaintiff, SUMMONS vs. Michael Prosser, …
Sep 26, 2023
Pending/ADR
Florence County, SC
Sep 26, 2023
Special-Comp/Oth 699
Clerk Of Court C P, G S, And Family Court
6 pages
ELECTRONICALLY FILED - 2023 Sep 26 12:03 PM - SPARTANBURG - COMMON PLEAS - CASE#2023CP4203620 STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS COUNTY OF SPARTANBURG ) FOR THE 7TH JUDICIAL CIRCUIT ) C/A No. 2023-CP-42-_____________ Kendra Draper, individually and as ) Personal …
Spartanburg County, SC
Sep 26, 2023
Person Inj/Other 399
Clerk Of Court C P, G S, And Family Court
8 pages
> a STATE OF SOUTH CAROLINA ) IN THE FAMILY COURT | ) SIXTEENTH JUDICIAL CIRCUIT COUNTY OF YORK Danette Ruiz FiLED-RECEIVE JUDGMENT IN A …
Sep 25, 2023
Judgment
York County, SC
Sep 25, 2023
Judgment/Oth Fam Ct
1 page
ELECTRONICALLY FILED - 2023 Sep 25 2:47 PM - RICHLAND - COMMON PLEAS - CASE#2023CP4004945 STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS ) COUNTY OF RICHLAND ) FOR THE FIFTH JUDICIAL CIRCUIT ) …
Richland County, SC
Sep 25, 2023
Personal Injury 350
Clerk Of Court C P, G S, And Family Court
9 pages
ELECTRONICALLY FILED - 2023 Sep 25 5:27 PM - DORCHESTER - COMMON PLEAS - CASE#2023CP1801625 STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS ) FOR THE FIRST JUDICIAL CIRCUIT COUNTY OF DORCHESTER ) CASE NO. 2023-CP- ) Marcy Hippey, …
Dorchester County, SC
Sep 25, 2023
Person Inj/Other 399
Clerk Of Court C P, G S, And Family Court
5 pages
STATE OF SOUTH CAROLINA > IN THE FAMILY COURT * SIXTEENTH JUDICIAL CIRCUIT e COUNTY OF YORK FrancisL. Gercak, TIT CEIVED JUDGMENT IN A FAMILY COURT CASE …
Sep 22, 2023
Judgment
York County, SC
Sep 22, 2023
Judgment/Oth Fam Ct
15 pages
ELECTRONICALLY FILED - 2023 Sep 22 4:41 PM - HORRY - COMMON PLEAS - CASE#2023CP2605932 STATE OF SOUTH CAROLINA IN THE CIRCUIT COURT COUNTY OF HORRY Case No. _________________ Redline Powersports Commonwealth, LLC Plaintiff, SUMMONS …
Horry County, SC
Sep 22, 2023
Breach of Cont 140
Clerk Of Court C P, G S, And Family Court
10 pages
ELECTRONICALLY FILED - 2023 Sep 22 1:15 PM - GREENVILLE - COMMON PLEAS - CASE#2023CP2304846 STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS ) COUNTY OF GREENVILLE ) C.A. NO.: ) Windy Ridge Homeowners Association, ) Inc., …
Greenville County, SC
Sep 22, 2023
Permanent Injunc 830
Clerk Of Court C P, G S, And Family Court
6 pages
be STATE OF SOUTH CAROLINA > IN THE FAMILY COURT SIXTEENTH JUDICIAL CIRCUIT Gounty OF YORK ERICA TIFFANY CHAMBERS, _FILED- -receiveD JUDGMENT IN A FAMILY COURT CASE 2023 SE …
York County, SC
Sep 22, 2023
Judgment/Oth Fam Ct
Clerk Of Court C P, G S, And Family Court
8 pages
ELECTRONICALLY FILED - 2023 Sep 22 11:29 AM - HORRY - COMMON PLEAS - CASE#2023CP2605917 STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS COUNTY OF HORRY ) FIFTEENTH JUDICIAL CIRCUIT ) ) MD Roofing and Coatings, LLC d/b/a MD ) C/A …
Horry County, SC
Sep 22, 2023
Breach of Cont 140
Clerk Of Court C P, G S, And Family Court
8 pages
ELECTRONICALLY FILED - 2023 Sep 22 11:45 AM - HORRY - COMMON PLEAS - CASE#2023CP2605922 STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS COUNTY OF HORRY ) FIFTEENTH JUDICIAL CIRCUIT ) ) MD Roofing and Coatings, LLC d/b/a MD ) C/A …
Horry County, SC
Sep 22, 2023
Breach of Cont 140
Clerk Of Court C P, G S, And Family Court
2 pages
ELECTRONICALLY FILED - 2023 Sep 20 8:51 AM - YORK - COMMON PLEAS - CASE#2023CP4602968 State of South Carolina In The Court of Common Pleas County of York Docket No. 2023-CP-46- Forest Villas Condominium Association Plaintiff, AFFIDAVIT OF PLAINTIFF IN vs. …
York County, SC
Sep 20, 2023
Foreclosure 420
Clerk Of Court C P, G S, And Family Court
2 pages
ELECTRONICALLY FILED - 2023 Sep 20 4:54 PM - LEXINGTON - COMMON PLEAS - CASE#2023CP3203492 STATE OF SOUTH CAROLINA ) ). IN THE COURT OF COMMON PLEAS COUNTY OF LEXINGTON ) CASE NO. George Mills Camp and Jaguar Society of ) South Carolina, …
Lexington County, SC
Sep 20, 2023
Relief 820
Clerk Of Court C P, G S, And Family Court
12 pages
STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS ) ELEVENTH JUDICIAL CIRCUIT COUNTY OF LEXINGTON CASE NO. George Mills Camp and Jaguar Society of South Carolina, Plaintiffs, vs. SUMMONS School District Five of Lexington & Richland Counties, …
Lexington County, SC
Sep 20, 2023
Relief 820
Clerk Of Court C P, G S, And Family Court
25 pages
¢ GT-10-8§401 (6/23) MHFIC STAGES FUNDING AR, CO, ID, IN, MS, NM, NC, RISC, TN, UT, VA, Wy, WY MANUFACTURED HOME RETAIL INSTALLMENT CONTRACT AND GONSUMER CREDIT SECURITY AGREEMENT (CONV. - FHA - VA) (Simple Interest) BUYER: JOHESON, LESLIE D., 115 BURNETT DR, ABBEVILLE, SC 29620 …
Abbeville County, SC
May 10, 2023
Foreclosure 420
Clerk Of Court C P, G S, And Family Court
7 pages
ELECTRONICALLY FILED - 2023 Mar 20 4:02 PM - LAURENS - COMMON PLEAS - CASE#2023CP3000019 STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS COUNTY OF LAURENS ) CIVIL ACTION NO.: 2023-CP-30-00019 Laurens Residents for Quality Rural Living, ) LLC, ) …
Laurens County, SC
Mar 20, 2023
Permanent Injunc 830
Clerk Of Court C P, G S, And Family Court
4 pages
ELECTRONICALLY FILED - 2023 Mar 20 4:28 PM - LAURENS - COMMON PLEAS - CASE#2023CP3000016 STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS COUNTY OF LAURENS ) CIVIL ACTION NO.: 2023-CP-30-00016 Laurens Residents for Quality Rural Living, ) LLC, ) …
Laurens County, SC
Mar 20, 2023
Permanent Injunc 830
Clerk Of Court C P, G S, And Family Court
4 pages
ELECTRONICALLY FILED - 2023 Mar 20 4:00 PM - LAURENS - COMMON PLEAS - CASE#2023CP3000016 STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS COUNTY OF LAURENS ) CIVIL ACTION NO.: 2023-CP-30-00016 Laurens Residents for Quality Rural Living, ) LLC, ) …
Laurens County, SC
Mar 20, 2023
Permanent Injunc 830
Clerk Of Court C P, G S, And Family Court
7 pages
ELECTRONICALLY FILED - 2023 Jan 10 9:13 AM - LAURENS - COMMON PLEAS - CASE#2023CP3000016 STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS ) FOR THE EIGHTH JUDICIAL CIRCUIT COUNTY OF LAURENS ) Laurens Residents for Quality Rural Living, ) Civil Action No.: 2022-CP-30-____…
Laurens County, SC
Jan 10, 2023
Permanent Injunc 830
Clerk Of Court C P, G S, And Family Court
10 pages
ELECTRONICALLY FILED - 2023 Jan 10 1:33 PM - LAURENS - COMMON PLEAS - CASE#2023CP3000019 STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS ) FOR THE EIGHTH JUDICIAL CIRCUIT COUNTY OF LAURENS ) Laurens Residents for Quality Rural Living, ) Civil Action No.: 2022-CP-30-_…
Laurens County, SC
Jan 10, 2023
Permanent Injunc 830
Clerk Of Court C P, G S, And Family Court
7 pages
ELECTRONICALLY FILED - 2023 Jan 10 1:29 PM - LAURENS - COMMON PLEAS - CASE#2023CP3000016 STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS ) FOR THE EIGHTH JUDICIAL CIRCUIT COUNTY OF LAURENS ) Laurens Residents for Quality Rural Living, ) Civil Action No.: 2022-CP-30-____…
Laurens County, SC
Jan 10, 2023
Permanent Injunc 830
Clerk Of Court C P, G S, And Family Court
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