Legal Opinion · Dissent

Barlow v. Sipes

Indiana Court of Appeals

Decided January 31, 2001No. 47A01-0006-CV-212Published

1DissentMathias, Judge

I respectfully dissent.

The power to issue an injunction should be used sparingly, and such relief should not be granted except in rare circumstances in which the law and facts are clearly in the moving party's favor. Northern Indiana Public Service Co. v. Dozier, 674 N.E.2d 977, 989 (Ind.Ct.App.1996). Nevertheless, the grant or denial of a preliminary injunction lies within the sound discretion of the trial court. Jay County Rural Elec. Membership Corp. v. Wabash Valley Power Ass'n, Inc., 692 N.E.2d 905, 908 (Ind.Ct.App.1998), trans. denied. We will not interfere with the trial court's…

2Cases cited8 opinions

  1. Norlund v. FaustIndiana Court of Appeals · 1997
  2. Harvest Insurance Agency, Inc. v. Inter-Ocean Insurance Co.Indiana Supreme Court · 1986
  3. Union Township School Corp. v. State Ex Rel. JoyceIndiana Court of Appeals · 1998
  4. Jay County Rural Electric Membership Corp. v. Wabash Valley Power Ass'nIndiana Court of Appeals · 1998
  5. Northern Indiana Public Service Co. v. DozierIndiana Court of Appeals · 1996

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