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: Alabama Appellate WatchSupreme Court Gives Considerable Deference to Trial Court in Ruling on Preliminary Injunction
By Madeline H. Haikala
In Spinks v. Automation Personnel Services, Inc., No. 1081379 (Ala. April 9, 2010), the Alabama Supreme Court summarized the deferential standard of review that it uses in appeals from orders granting or denying a motion for preliminary injunction. The Court wrote, "'[T]he grant of, or refusal to grant, a preliminary injunction rests largely in the discretion of the trial court and that court's latitude in this area is considerable; if no abuse of that discretion is shown, its action will not be disturbed on appeal.' This Court has defined an abuse of discretion as discretion that 'exceed[s] the bounds of reason, all the circumstances before the lower court being considered.'"
Full post as published by Alabama Appellate Watch on April 16, 2010 (boomark / email).
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