“A preliminary injunction is an extraordinary measure, and will be issued only if (1) plaintiff is able to show a likelihood of success on the merits of his case and (2) plaintiff is likely to sustain irreparable loss unless the injunction is issued, or if, in the opinion of the Court, issuance is necessary for the protection of his rights during the course of litigation.” (See Wade S. Dunbar Ins. Agency v. Barber (2001) 147 N.C. App. 463, 467.)
“A prohibitory preliminary injunction is granted only when irreparable injury is real and immediate.” (See Telephone Co. v. Plastics, Inc. (1975) 287 N.C. 232, 235.)
“Its purpose is to preserve the status quo of the subject matter involved until a trial can be had on the merits.” (See id.)
"The burden is upon the applicant for an interlocutory injunction to prove a probability of substantial injury to the applicant from the continuance of the activity of which it complains to the final determination of the action.” (See id.)
“An injunction should not be granted where there is a serious question as to the right of the defendant to engage in the activity and to forbid the defendant to do so, pending the final determination of the matter, would cause the defendant greater damage than the plaintiff would sustain from the continuance of the activity while the litigation is pending.” (See id.)
“The issuing court, after weighing the equities and the advantages and disadvantages to the parties, determines in its sound discretion whether an interlocutory injunction should be granted or refused.” (See id.)
“The court cannot go further and determine the final rights of the parties which must be reserved for the final trial of the action.” (See id.)
"In passing on the validity of an interlocutory injunction the appellate court is not bound by the findings of fact made by the issuing court, but may review the evidence and make its own findings.” (See id.)
“Rule 65(b) of the North Carolina Rules of Civil Procedure permits the issuance of temporary restraining orders without notice to the adverse party if it clearly appears from specific facts shown by affidavit or by verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before notice can be served and a hearing had thereon." (See Jolliff v. Winslow (1974) 24 N.C. App. 107, 108.)
“A temporary restraining order is not predicated upon illusory injury, loss, or damage, but is entered only upon a showing of immediate and irreparable injury, loss, or damage.” (See id.)
“Because it is an ex parte injunction, a temporary restraining order, by its nature, necessarily issues upon plaintiff's evidence either by affidavit or by verified complaint.” (See id.)
“Such an order is to be entered only when plaintiff can show a need for relief so compelling that there is no time for notice and hearing." (See id.)
“The scope of appellate review in the granting or denying of a preliminary injunction is essentially de novo.” (See Wade S. Dunbar Ins. Agency v. Barber (2001) 147 N.C. App. 463, 467.)
"[A]n appellate court is not bound by the findings, but may review and weigh the evidence and find facts for itself." (See id.)
“There is a presumption, however, that the trial court was correct and the burden is on the defendant to show that the trial court erred in granting the preliminary injunction.” (See id.)
It is well settled that “a prohibitory preliminary injunction is granted only when irreparable injury is real and immediate. Its purpose is to preserve the status quo of the subject matter involved until a trial can be had on the merits.” (See Goodman Toyota v. City of Raleigh (1980) 47 N.C. App. 628, 630.)
“Further, [a] plaintiff is entitled to injunctive relief when there is no adequate remedy at law and irreparable harm will result if the injunction is not granted.” (See Ward v. Enbody (2008) 191 N.C. App. 613.)
May 13, 2024
Active
Guilford District Court
Guilford County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
May 13, 2024
Active
Wake District Court
Wake County, NC
General Civil Action
May 10, 2024
Active
Wake District Court
Wake County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
May 09, 2024
Active
Wake Superior Court
Wake County, NC
General Civil Action
May 08, 2024
Active
Johnston District Court
Johnston County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
May 07, 2024
Active
Harnett District Court
Harnett County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
May 01, 2024
Active
Wake Superior Court
Wake County, NC
General Civil Action
Apr 30, 2024
Active
Johnston District Court
Johnston County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
Apr 29, 2024
Active
Wake District Court
Wake County, NC
General Civil Action
Apr 25, 2024
Active
Mecklenburg Superior Court
Mecklenburg County, NC
General Civil Action
Mandatory Complex Business Case
Apr 24, 2024
Active
Wake Superior Court
Wake County, NC
General Civil Action
Apr 22, 2024
Active
Chatham District Court
Chatham County, NC
General Civil Action
Mandatory Complex Business Case
Mandatory Complex Business Case
Apr 19, 2024
Active
Johnston District Court
Johnston County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
Apr 18, 2024
Active
Mecklenburg District Court
Mecklenburg County, NC
General Civil Action
Apr 18, 2024
Active
Mecklenburg District Court
Mecklenburg County, NC
General Civil Action
Apr 17, 2024
Active
Wake District Court
Wake County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
Mandatory Complex Business Case
Apr 16, 2024
Active
Mecklenburg Superior Court
Mecklenburg County, NC
General Civil Action
Apr 16, 2024
Closed
Wake District Court
Wake County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
Apr 09, 2024
Active
Mecklenburg District Court
Mecklenburg County, NC
Civil Domestic with Absolute Divorce
Family
Divorce,Separation
Apr 05, 2024
Active
Mecklenburg District Court
Mecklenburg County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
Apr 04, 2024
Active
Mecklenburg District Court
Mecklenburg County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
Apr 01, 2024
Active
Wake Superior Court
Wake County, NC
General Civil Action
Mar 28, 2024
Appealed
Mecklenburg District Court
Mecklenburg County, NC
Civil Magistrate Summary Ejectment
Property
Unlawful Detainer
Mar 28, 2024
Active
Mecklenburg Superior Court
Mecklenburg County, NC
General Civil Action
Mar 27, 2024
Active
Mecklenburg District Court
Mecklenburg County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
Mar 27, 2024
Active
Wake Superior Court
Wake County, NC
General Civil Action
Mar 26, 2024
Active
Mecklenburg District Court
Mecklenburg County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
Mar 25, 2024
Active
Wake District Court
Wake County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
Mandatory Complex Business Case
Securities
General Securities
Mar 25, 2024
Active
Lee District Court
Lee County, NC
General Civil Action
Mar 22, 2024
Active
Wake Superior Court
Wake County, NC
General Civil Action
Mar 21, 2024
Active
Mecklenburg District Court
Mecklenburg County, NC
General Civil Action
Mar 21, 2024
Active
Johnston District Court
Johnston County, NC
Civil Domestic with Absolute Divorce
Family
Divorce,Separation
Mar 21, 2024
Appealed
Mecklenburg District Court
Mecklenburg County, NC
Civil Magistrate Summary Ejectment
Property
Unlawful Detainer
Mandatory Complex Business Case
Mandatory Complex Business Case
Mandatory Complex Business Case
Mar 18, 2024
Closed
Mecklenburg Superior Court
Mecklenburg County, NC
General Civil Action
Mandatory Complex Business Case
Mar 14, 2024
Active
Johnston District Court
Johnston County, NC
Civil Domestic with Absolute Divorce
Family
Divorce,Separation
Mar 14, 2024
Active
Johnston District Court
Johnston County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
Mar 12, 2024
Active
Wake Superior Court
Wake County, NC
General Civil Action
Mar 12, 2024
Active
Mecklenburg County
Mecklenburg County, NC
General Civil Action
Mandatory Complex Business Case
Mandatory Complex Business Case
Mar 05, 2024
Dismissal
Beaufort District Court
Beaufort County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
Mar 05, 2024
Active
Wake District Court
Wake County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
Mar 04, 2024
Active
Wake County
Wake County, NC
General Civil Action
Mar 04, 2024
Active
Pasquotank District Court
Pasquotank County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
Mar 04, 2024
Active
Mecklenburg District Court
Mecklenburg County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
Mar 01, 2024
Active
Wake Superior Court
Wake County, NC
General Civil Action
Feb 29, 2024
Active
Harnett County
Harnett County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
Feb 28, 2024
Active
Wake District Court
Wake County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
Feb 27, 2024
Active
Mecklenburg County
Mecklenburg County, NC
General Civil Action
Feb 23, 2024
Active
Franklin District Court
Franklin County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
Feb 22, 2024
Appealed
Mecklenburg District Court
Mecklenburg County, NC
Civil Magistrate Summary Ejectment
Property
Unlawful Detainer
Feb 22, 2024
Active
Alamance District Court
Alamance County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
Feb 21, 2024
Active
Mecklenburg Superior Court
Mecklenburg County, NC
General Civil Action
Feb 20, 2024
Active
Dare District Court
Dare County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
Feb 19, 2024
Active
Mecklenburg District Court
Mecklenburg County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
Feb 19, 2024
Active
Mecklenburg District Court
Mecklenburg County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
Feb 19, 2024
Active
Lee County
Lee County, NC
General Civil Action
Feb 15, 2024
Appealed
Mecklenburg District Court
Mecklenburg County, NC
Civil Magistrate Summary Ejectment
Property
Unlawful Detainer
Feb 15, 2024
Active
Mecklenburg District Court
Mecklenburg County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
Feb 14, 2024
Active
Mecklenburg District Court
Mecklenburg County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
Feb 14, 2024
Active
Orange District Court
Orange County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
Feb 12, 2024
Active
Harnett County
Harnett County, NC
General Civil Action
Feb 09, 2024
Active
Mecklenburg District Court
Mecklenburg County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
Feb 09, 2024
Active
Wake District Court
Wake County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
Feb 09, 2024
Active
Mecklenburg District Court
Mecklenburg County, NC
General Civil Action
Feb 09, 2024
Active
Wake County
Wake County, NC
General Civil Action
Feb 08, 2024
Active
Camden District Court
Camden County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
Feb 07, 2024
Active
Mecklenburg County
Mecklenburg County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
Feb 07, 2024
Active
Wake District Court
Wake County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
Feb 07, 2024
Active
Wake Superior Court
Wake County, NC
General Civil Action
Feb 06, 2024
Active
Wake District Court
Wake County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
Feb 05, 2024
Active
Franklin District Court
Franklin County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
Feb 05, 2024
Active
Wake District Court
Wake County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
Feb 02, 2024
Active
Mecklenburg District Court
Mecklenburg County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
Jan 31, 2024
Active
Wake District Court
Wake County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
Jan 30, 2024
Closed
Mecklenburg County
Mecklenburg County, NC
Civil Magistrate Summary Ejectment
Property
Unlawful Detainer
Jan 26, 2024
Active
Wake County
Wake County, NC
General Civil Action
Jan 26, 2024
Active
Chatham District Court
Chatham County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
Jan 24, 2024
Active
Mecklenburg County
Mecklenburg County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
Jan 24, 2024
Active
Wake County
Wake County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
Jan 22, 2024
Active
Currituck District Court
Currituck County, NC
Civil Domestic with Absolute Divorce
Family
Divorce,Separation
Jan 22, 2024
Appealed
Mecklenburg District Court
Mecklenburg County, NC
Civil Magistrate Summary Ejectment
Property
Unlawful Detainer
Jan 19, 2024
Active
Wake County
Wake County, NC
General Civil Action
Jan 19, 2024
Dismissal
Johnston County
Johnston County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
Jan 17, 2024
Appealed
Mecklenburg District Court
Mecklenburg County, NC
Civil Magistrate Summary Ejectment
Property
Unlawful Detainer
Jan 16, 2024
Appealed
Mecklenburg District Court
Mecklenburg County, NC
Civil Magistrate Summary Ejectment
Property
Unlawful Detainer
Jan 12, 2024
Appealed
Mecklenburg District Court
Mecklenburg County, NC
Civil Magistrate Summary Ejectment
Property
Unlawful Detainer
Jan 11, 2024
Active
Mecklenburg County
Mecklenburg County, NC
General Civil Action
Jan 11, 2024
Active
Wake District Court
Wake County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
Jan 10, 2024
Active
Lee County
Lee County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
Jan 10, 2024
Dismissal
Wake County
Wake County, NC
Civil Domestic without Claim for absolute divorce
Family
Divorce,Separation
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