Holiday Isle, LLC v. Adkins

I respectfully dissent. Although I agree with the majority that we should entertain reviewing a trial court’s preliminary injunction under a de novo rather than ex-eess-of-discretion standard, the circumstances in this case do not warrant such a change. Fundamental fairness is'denied the parties in this case by not allowing them to brief and argue their respective positions with an understanding of the appropriate standard of appellate review.5 The parties did not know that this Court would conclude that the facts presented here would'be deemed undisputed and that the preliminary injunction…