Florida Probate Litigation: When Will a Temporary Injunction Be Issued in my Undue Influence Case?

Can I file a temporary injunction in my probate case? If I am the personal representative or executor of a Florida estate, can I seek a temporary injunction to restrain someone from stealing estate assets? Do you need to file a petition for temporary injunction in your West Palm Beach inheritance lawsuit? To learn more about temporary injunctions, you may wish to read a recent Fourth DCA opinion, Maldonado v. Buchsbaum. 

Here, the requirements for a  temporary injunction to be issued are explained. In order for a temporary injunction to be issued, the person seeking the injunction must establish the following: 1) irreparable harm will result if the temporary injunction is not entered 2) an adequate remedy at law is unavailable 3) there is a substantial likelihood of success on the merits; and 4) entry of the temporary injunction will serve the public interest.  To read the entire opinion, click here.