Equine Law Blog
A horse seller agrees to sell a horse on a handshake, but the seller was about to sell the horse to someone else. The would-be buyer wants to enforce the sale and stop the sale to someone else.
The answer almost always involves the law of injunctions. Injunctions can be complex, and the legal proceedings are usually very costly.
What is an Injunction?
An injunction is a legal ruling that either requires a party to undertake a specific act or prohibits a party from carrying out a specific act. In the example above, the would-be buyer could consider seeking an injunction that would stop the sale of the horse to anyone until the court can make a ruling on whether the would-be buyer should become the rightful owner. Generally, there are three types of injunctions:
Temporary Restraining Order
A temporary restraining order (“TRO”) keeps things as they are for a short period of time until the judge can hear both sides of the story and examine the applicable law. In the example above, the would-be buyer’s lawyer would ask the court to issue a TRO, where allowed by law. This document, which would then be rushed to the seller, would stop the seller from moving or selling the horse until the court can more fully evaluate the matter. Soon after, the court will hold a preliminary or temporary injunction hearing (read on).
Preliminary Injunction or Temporary Injunction
A few days after the court has issued a TRO, the court typically will hold another hearing where the parties and their lawyers will be present. Now the issue will focus on whether it is legal and appropriate for the court to issue a preliminary injunction, which is a more long-lasting legal command than the TRO. After the judge explores these factors at the hearing, he or she will decide whether a preliminary injunction should be issued and, if so, under what terms.
Permanent Injunction
After all of these steps, the next question is whether to make the injunction permanent. After a full hearing or trial on the merits takes place, the court can decide to issue (or not issue) a permanent injunction.
Conclusion
Injunction proceedings take careful planning and preparation. Small claims courts are almost always powerless to issue or consider injunctions (but check with the court to be sure). If the injunction involves the ownership of a horse, for example, the court located in the county where the horse is situated typically has legal authority to issue an injunction that affects its whereabouts.
If you have any further questions about injunctions, please contact me.
ShareholderJulie Fershtman is considered to be one of the nation's leading attorneys in the field of equine law. She has successfully tried equine cases before juries in four states. A frequent author and speaker on legal issues, she has written ...
