Payton & Associates, LLC
Commercial Litigation Attorneys
Miami, Florida

What is an injunction?

Injunctions are an important legal tool that some individuals may not fully understand. Injunctions are court orders ordering a party to refrain from taking some specific action. There are different types of injunctions including preliminary injunctions, temporary restraining orders and permanent injunctions. Both preliminary injunctions and temporary restraining orders can be useful tools issued early on in a dispute to stop one party from committing the actions the other party alleges are harmful.

An injunction that is not permanent is granted at the discretion of the court. Permanent injunctions are granted by the court when monetary damages are not considered sufficient. Failure to comply with an injunction can result in contempt charges which may carry civil or criminal penalties. In some circumstances, an injunction may compel a party to take a certain action but typically they prevent a party from taking certain actions that may damage the party requesting the injunctive relief.

An injunction is considered an equitable remedy when pecuniary damages are not sufficient. It is at times viewed as an extraordinary remedy, however, it can be a useful tool in commercial real estate situations, as well as in circumstances of a business dispute such as a breach of contract or when a business tort such as intentional interference with contractual relations is alleged.

There are a variety of legal tools, including injunctions, in the tool box to help parties to a real estate deal pursue a successful transaction. It is helpful for parties to a commercial real estate transaction or other business transaction to be familiar with the legal remedies available to them.

Source: Cornell Law School Legal Information Institute, "Injunction," Accessed Sept. 26, 2017

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