On March 4, 2010, Courvoisier Courts Condominium Association, Inc. (“the Association”) sought and obtained an “emergency ex parte temporary injunction” regarding the use of certain property owned by Ernesto Fong and Carmita Sanchez Fong (“the Fongs”), who are the appellants in this appeal. Five days later, on March 9, 2010, with notice to the Fongs, the trial court conducted a hearing to determine whether the temporary injunction granted on March 4, 2010, should remain in place. The Fongs, who were represented by counsel, presented evidence and argument at this hearing. The trial court extended the temporary injunction, and the Fongs did not appeal that ruling. Over a year later, the Fongs filed a motion to dissolve the temporary injunction. After conducting a hearing on August 10, and August 31, 2011, the trial court denied the motion to dissolve the temporary injunction.
We agree with the Fongs that the trial court abused its discretion in granting the temporary injunction. The record reflects that the Association failed to demonstrate irreparable harm will result if the temporary injunction is not entered, an adequate remedy at law is unavailable, a substantial likelihood of success on the merits, and the threatened injury to the Association outweighed the obvious harm to the Fongs and their tenant.
See Cordis Corp. v. Prooslin,
Affirmed.
