Florida Temporary & Permanent Injunction Attorney

When a business partner is moving company money out the door, locking you out of operations, or about to sell a property you co-own, the goal is simple: stop the harm before it becomes permanent. The Andrew M. Schwartz Legal Team handles business and real estate litigation for clients in Palm Beach County and Broward County, and a Florida temporary & permanent injunction attorney is often the first call when a dispute cannot wait for a trial date.

An injunction is a court order that tells someone to do something or stop doing something. In business and real estate cases, that can mean freezing a bank account, blocking a transfer of assets, halting a sale, or preventing a former partner from using company property. A temporary order holds the situation in place while the case proceeds. A permanent injunction is part of the final judgment and resolves the question for good.

These cases move faster than ordinary lawsuits. Evidence has to be organized quickly, the request has to be framed precisely, and the court needs to be persuaded that waiting would cause harm money alone cannot repair. Our firm serves clients in Boca Raton, West Palm Beach, Fort Lauderdale, and across South Florida, along with owners from New York, New Jersey, and Connecticut who hold business or real estate interests here.

What Courts Look for Before Granting Injunctive Relief

An injunction is an extraordinary remedy, and judges treat it that way. A court will not freeze a company’s accounts or stop a closing simply because two owners are angry at each other. The person asking has to show real, concrete grounds, and the order has to fit the problem.

In general, the party seeking relief must show a likelihood of winning on the underlying claim, that harm is threatened which cannot be adequately repaid with a money judgment, that the balance of hardships favors an order, and that the public interest is not undermined. The “irreparable harm” element is where many requests succeed or fail. Losing a unique piece of real estate, watching a business collapse while an owner drains its cash, or seeing assets disappear beyond reach can all qualify. A bare claim that you are owed money usually does not.

Specificity matters too. A vague order telling someone to “stop harming the company” will not hold up. The request must describe exactly what conduct is to be stopped or compelled, and the factual showing must back it up with documents, bank records, communications, and sworn testimony.

Situations That Call for a Temporary or Permanent Injunction

• Diverted or Missing Company Funds: When a partner, manager, or member moves money out of company accounts, commingles funds, or cannot account for distributions, a court can order assets preserved while the case is pending. This often accompanies claims for an accounting and breach of fiduciary duty.
• Deadlocked LLCs and Corporations: When co-owners cannot agree and operations are stalling, injunctive relief can keep the business functioning or prevent one side from acting unilaterally. In dissolution proceedings under Florida’s LLC and corporate statutes, courts can also appoint a receiver or custodian and take steps to preserve assets.
• Blocking a Sale or Transfer of Real Property: Co-owners, former partners, and heirs sometimes try to sell, mortgage, or transfer property out from under the other owners. An injunction can hold the property in place while ownership is sorted out through partition, quiet title, or contract litigation.
• Enforcing a Real Estate Contract: When a seller refuses to close on a purchase contract, the remedy a buyer often wants is the property itself rather than damages. Equitable relief such as specific performance, and orders preventing the seller from transferring the property in the meantime, can be central to the case.
• Misuse of Company Property or Assets: An owner who locks others out, takes equipment, or uses company property for a competing venture can be restrained from doing so while the dispute is resolved.
• Breaches of Operating and Shareholder Agreements: Where an agreement restricts what an owner may do, such as limits on transfers of ownership interests or on competing with the company, a court can order compliance instead of leaving the injured party with damages alone.
• Landlord and Tenant Disputes: Commercial and residential landlord-tenant conflicts sometimes require quick court intervention to stop interference with possession or damage to property, in addition to the statutory notice and eviction process.
• Emergency, Early-Stage Relief: Some situations cannot wait even for the usual hearing schedule. Our firm is experienced in seeking early and emergency injunctive relief when immediate action is needed to protect a client’s business interests or real property.

Why Choose the Andrew M. Schwartz Legal Team for Injunction Cases

The Andrew M. Schwartz Legal Team is a business and real estate litigation firm serving Palm Beach County, Broward County, and clients across South Florida. The firm represents business owners, investors, and families in partnership disputes, business divorces, complex contract cases, partition actions, and real estate litigation. Temporary and permanent injunctions are one of the firm’s core practice areas, and they come up constantly in the disputes we handle, because the underlying conflicts so often involve money that is moving, property that is about to change hands, or a company in danger of being run into the ground.

Andrew M. He earned his undergraduate degree from Emory University in 1986 and his law degree from the University of Miami in 1989. His career has centered on contract disputes, business divorces, and conflicts among partners, LLC members, and shareholders, which is the territory where emergency relief is most often needed. He is joined by Senior Counsel Sundeep Nath, a Northwestern-trained litigator with years of experience handling business and real estate cases in state and federal courts.

The firm has a track record in the kind of equitable relief that injunction cases involve. After a five-day bench trial, a Broward County circuit judge issued a 32-page final judgment granting our client specific performance of a commercial real estate contract. That result reflects the preparation these cases demand: detailed evidence, careful legal framing, and the ability to try a case to a judge when it comes to that.

The firm practices as a true legal team, so everyone working on your matter knows the file and can respond quickly when something changes. That matters when a hearing is being scheduled on short notice. We maintain a strict 24 hour return call policy, and we handle local court appearances for out of state clients so they do not have to travel for every hearing. We are also experienced in mediation and arbitration, and we look for the resolution that serves a client’s goals and budget rather than prolonging a case for its own sake.

How an Injunction Case Typically Unfolds

The pace depends on how urgent the situation is. In the most pressing cases, a motion for a temporary injunction is filed along with, or shortly after, the complaint. It is supported by sworn statements and documents showing what has happened and what is about to happen.

Where the other side gets notice, the court sets a hearing, and both parties present evidence and argument. These hearings can look like a compressed trial, with witnesses, exhibits, and cross-examination. The judge then decides whether to issue the order and on what terms.

In true emergencies, a court may act before the opposing party has had a chance to respond, but only on a strong showing and typically for a very short period until a full hearing can be held. Courts are cautious about this, so the paperwork has to make clear why delay would cause harm that cannot be undone.

A temporary injunction preserves the situation while the lawsuit goes forward. It is not the final word. The case then proceeds on the underlying claims, whether breach of contract, breach of fiduciary duty, partition, or dissolution, and a permanent injunction may be entered as part of the final judgment if the claimant prevails. Courts frequently require the party who obtained temporary relief to post a bond, so the cost of that requirement should be part of the early planning conversation.

What to Do If You Need to Stop Someone’s Conduct Quickly

Start by preserving evidence. Pull bank statements, accounting records, operating or shareholder agreements, purchase contracts, emails, and text messages that show what the other party has done or is planning to do. Do not alter or delete anything, and do not confront the other side in a way that tips them off and prompts them to move assets or destroy records.

Next, get the facts in order on timing. Courts want to know when you learned of the conduct and what you did about it. Long delays can undercut a claim that the harm is urgent, so do not sit on a problem hoping it resolves itself.

Contact an attorney before taking self-help steps like changing locks, draining accounts, or cutting off access to systems. Those moves can hand the other side their own claims and weaken your credibility with the judge.

Cases in Palm Beach County are heard in the Fifteenth Judicial Circuit, with the main courthouse in West Palm Beach, and cases in Broward County are heard in the Seventeenth Judicial Circuit, with its central courthouse in Fort Lauderdale. Claims above the county court limit belong in circuit court. The Seventeenth Circuit also operates a complex business division that handles matters such as dissolutions of certain business entities and large business litigation, and a case can be filed directly into that division under the circuit’s administrative order. Where federal jurisdiction applies, the Southern District of Florida covers both counties and holds court in Fort Lauderdale and West Palm Beach.

Mind the limitations periods that sit behind your underlying claim. In Florida, an action founded on a written instrument has a five year period, while a contract claim not founded on a written instrument has four years, and an action for specific performance has a one year period. An injunction request is only as strong as the claim it supports, so confirm early that the underlying claim is timely.

Injunctions in Business Divorce and Dissolution Cases

Business divorces generate more injunction requests than almost any other type of dispute, because the owners are still inside the company while they fight. Florida’s LLC statute lists specific grounds on which a court can dissolve a company at a member’s request, including that assets are being misappropriated or wasted to the company’s injury, or that managers or members are deadlocked and irreparable injury to the company is threatened or being suffered. When those facts are present, a court can also appoint a receiver or custodian after a hearing, or order a buyout of the petitioning member’s interest.

For corporations, the dissolution statute authorizes the court to issue injunctions, appoint a receiver or custodian during the proceeding, take other action to preserve corporate assets, and carry on the business until a full hearing. Shareholders facing a dissolution petition may also have the right to elect to purchase the petitioner’s shares at fair value, which can turn a fight over the company’s existence into a negotiation over price.

Operating agreements and shareholder agreements often have their own deadlock or buyout mechanisms, and those provisions can control the outcome. Reading the agreement carefully before filing is essential, because the contract may offer a faster path than court, or may restrict the remedies you can seek.

Frequently Asked Questions About Injunctions in Florida

What is the difference between a temporary and a permanent injunction?

A temporary injunction holds the status quo while the lawsuit is pending. A permanent injunction is entered at the end of the case as part of the final judgment and resolves the dispute over the conduct for good.

How fast can I get a temporary injunction?

It depends on the urgency and the court’s calendar. In emergencies, a court may act quickly, sometimes on a short-term basis before the other side has fully responded, but the showing has to be strong. Most requests proceed through a hearing where both sides present evidence.

What do I have to prove to get one?

In general, you need to show a likelihood of success on your underlying claim, that you face harm money cannot adequately repair, that the balance of hardships favors an order, and that the order serves the public interest. Courts expect sworn facts and documents, not conclusions.

Can a court freeze a business partner’s access to company funds?

Yes, in appropriate cases. When there is evidence that funds are being diverted or spent improperly, a court can order assets preserved and restrict transfers while claims for an accounting and breach of fiduciary duty are decided.

Can I stop a co-owner from selling property we own together?

Sometimes. If the sale would defeat your rights in the property, a court can restrain the transfer while ownership or partition issues are decided. The strength of your claim and the harm from losing the property both matter.

Will I have to post a bond?

Courts commonly require the party who obtains a temporary injunction to post a bond to cover damages if the order later turns out to have been wrongly issued. The amount is set by the judge and depends on the circumstances.

What happens if someone violates an injunction?

The party who obtained the order can ask the court to hold the violator in contempt, which can lead to sanctions and orders requiring compliance. Documenting each violation promptly makes that motion stronger.

Can I get an injunction if I waited months to act?

Delay does not automatically defeat a request, but it hurts. Judges ask why an emergency order is needed if you knew about the problem long ago. If there is a good explanation, such as the conduct only recently came to light, be ready to document it.

Do I still need to prove my underlying case if I win a temporary injunction?

Yes. A temporary order is a preliminary ruling. The case continues on the underlying claims, and a permanent injunction depends on prevailing there.

Can I seek an injunction in Florida if I live in New York, New Jersey, or Connecticut?

Yes. Where the business, property, or opposing party is in South Florida, the case is heard in the Florida courts. We handle the local appearances and keep out of state clients informed so they do not need to travel for every hearing.

Does an injunction case have to end in a trial?

No. Many are resolved through negotiation, mediation, or arbitration once a court order or the credible threat of one changes the other side’s calculations. Our attorneys are experienced in alternative dispute resolution as well as courtroom litigation.

Is a lawyer worth hiring for a smaller dispute?

Injunction practice is technical and fast-moving, and a poorly prepared motion can be denied or can expose you to bond and fee exposure. A short consultation can tell you whether injunctive relief is realistic or whether another remedy fits better.

Serving Injunction Clients Across Palm Beach and Broward Counties

Our team represents clients throughout Palm Beach County, including Boca Raton, Delray Beach, Boynton Beach, Lake Worth Beach, West Palm Beach, Palm Beach Gardens, Jupiter, Wellington, Royal Palm Beach, Riviera Beach, Greenacres, and Belle Glade. In Broward County, we serve clients in Fort Lauderdale, Pompano Beach, Deerfield Beach, Coral Springs, Parkland, Plantation, Sunrise, Davie, Hollywood, and Pembroke Pines.

Business and real estate disputes do not respect county lines, and many of our matters involve companies, partners, or properties that span both counties. We also work with owners who live in New York, New Jersey, and Connecticut and hold business or real estate interests in South Florida, as well as with attorneys who refer clients to us for Florida injunction and litigation work.

Speak With a Florida Injunction Attorney Today

If a partner, co-owner, or counterparty is putting your business, your money, or your property at risk, the window for effective action may be short. The Andrew M. Schwartz Legal Team can review your documents, assess whether injunctive relief is realistic, and move quickly if it is. Contact our firm to speak with a Florida injunction attorney about your situation, and we will respond within 24 hours.