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This document outlines various cases where injunction was held to be improper or prohibited, the requisites for granting a writ of preliminary injunction, and rules regarding the denial or dissolution of an application for injunction. Specifically:
1. Injunction is generally improper to restrain tax collection, restrain the sale of conjugal property, or against consummated or decided acts.
2. Injunction is prohibited against courts of equal rank, in labor cases, or to enjoin criminal prosecution.
3. Requisites for preliminary injunction include the claimant having a clear and substantial right, urgent necessity to prevent damage. Proper filing and notice procedures must also be followed.
This document outlines various cases where injunction was held to be improper or prohibited, the requisites for granting a writ of preliminary injunction, and rules regarding the denial or dissolution of an application for injunction. Specifically:
1. Injunction is generally improper to restrain tax collection, restrain the sale of conjugal property, or against consummated or decided acts.
2. Injunction is prohibited against courts of equal rank, in labor cases, or to enjoin criminal prosecution.
3. Requisites for preliminary injunction include the claimant having a clear and substantial right, urgent necessity to prevent damage. Proper filing and notice procedures must also be followed.
This document outlines various cases where injunction was held to be improper or prohibited, the requisites for granting a writ of preliminary injunction, and rules regarding the denial or dissolution of an application for injunction. Specifically:
1. Injunction is generally improper to restrain tax collection, restrain the sale of conjugal property, or against consummated or decided acts.
2. Injunction is prohibited against courts of equal rank, in labor cases, or to enjoin criminal prosecution.
3. Requisites for preliminary injunction include the claimant having a clear and substantial right, urgent necessity to prevent damage. Proper filing and notice procedures must also be followed.
1. To restrain collection of taxes. Except where there are special circumstances
that bear the existence of irreparable injury; 2. To restrain sale of conjugal property where the claim can be annotated on the title as a lien such as the husbands obligation to give support; . !gainst consummated acts; ". !gainst disposing of the case on merits; #. $rit of injunction is %&T proper to stop the execution of a judgement' where the judgement was already executed; (. The )*+ has no power to issue a writ of injunction against the ,egister of -eeds' if its e.ect is to render nugatory a writ of execution issued by the %/,). Cases where injunction is prohibited: 1. +njunction against courts or tribunal of co0e1ual ran2s; 2. +njunction orders involving labor cases; . %o injunction beyond prayer in complaint; ". To enjoin the prosecution of criminal proceedings. E3)E4T+&%56 *or orderly administration of law; To avoid multiplicity of action; To a.ord ade1uate protection of constitutional rights; +n proper cases because the statute relied upon is unconstitutional or was held invalid; $here the constitutionality of the )hines 7oo2 8eeping /aw was 1uestioned; $here the hearing of the libel case was enjoined by permanent injunction after the 5upreme )ourt in a separate case found the communication alleged to be libellous as privilege and not libellous; $here tra9c ordinance was found to be invalid. REQUISITES for the grant of the writ of preliminary injunction: 1. The invasion of the right is material or substantial; 2. The right of complainant is clear and unmista2able; . There is an urgent and paramount necessity for the writ to prevent serious damage. 4etition for preliminary +njunction or temporary restraining order must be :E,+*+E-. 7&%- 0unless exempted by court' a bond is exceuted; 0in the amount ;xed by the court 0to pay for all damages which may be sustained by reason of the injunction or T,&' if later the court ;nally decides that the applicant was %&T entitle thereto. %o preliminary +njunction shall be granted without hearing and prior notice to the party or person sought to be enjoined. o 4E,+&-6 2< days from service on party or person sought to be enjoined. o E3)E4T6 court may issue ex parte T,& for a period of =2 hours when based on the veri;ed application or a9davit that >,E!T or +,,E4,!7/E +%?@,A would result before the matter can be heard on notice. B=2 hours will be included in the 2< day periodC +f T,& is issued by )!0 e.ective for (< days; +f T,& is issued by 5)0e.ective until further orders. R!U"#S $!R #E"I%& of application for injunction or TR!' 1. @pon showing of its insu9ciency; 2. Day be denied or Bif already grantedC dissolved' on other grounds upon a9davit of the party or person enjoined; . +f after hearing' it appears that even if the applicant is entitled to the injunction or T,&' the issuance or continuance would cause +,,E4!,7/E -!D!>E to the party or person enjoined. 4rovided that6 applicant can be fully compensated for the damages he may su.er' if writ or T,& is not issued; and a bond is ;led in the amount ;xed by the court to answer for all damages that will result from denial of injunction or writ. $ailure of ser(ice of copy of plainti)*s bond on defendant not re(ersible error' It is a formal defect' $illing of counter bond does not necessarily warrant dissolution of the writ of preliminary injunction' $hen6 bond is found to be insu9cient in amount; surety or sureties fail to justify; bond although su9cient in amount and with su9cient sureties approved' is %&T *+/E-. Inferior courts may issue writs of preliminary injunction only in forcible entry and unlawful detainer cases and grant of pro(isional remedies in proper cases' +,- ./01 -rocedure for claim of damages against bond shall follow the procedure prescribed in section /2 Rule 34 of the Rules of Court'
United States v. Marion Van Horn, Scott Bertelsen, Gary Balough, Dennis Kay, Robert Van Horn, Dennis Cason, Thomas Sikes, John Crosby Bertelsen, Joseph William Campbell, United States of America v. William Joseph Harvey, A/K/A Billy, 789 F.2d 1492, 11th Cir. (1986)
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