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No. 8644759
United States Court of Appeals for the Ninth Circuit
Park Village Apartment Tenants Ass'n v. Mortimer Howard Trust
No. 8644759 · Decided October 24, 2007
No. 8644759·Ninth Circuit · 2007·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
October 24, 2007
Citation
No. 8644759
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** This preliminary injunction appeal comes to us for review under Ninth Circuit Rule 3-3. We have jurisdiction under 28 U.S.C. § 1292 (a)(1), and we affirm. We subject a district court’s order regarding preliminary injunctive relief only to limited review. Walczak v. EPL Prolong, Inc., 198 F.3d 725, 730 (9th Cir.1999). Our review of an order regarding a preliminary injunction “is much more limited than review of an order involving a permanent injunction, where all conclusions of law are freely reviewable.” Id. A decision regarding a preliminary injunction is reviewed for abuse of discretion, which occurs only if the district court based its decision on either an erroneous legal standard or clearly erroneous factual findings. Id. The record before us shows that the district court did not rely on an erroneous legal premise or abuse its discretion in concluding that appellees demonstrated a likelihood of success on the merits and the threat of imminent irreparable harm. Id. at 731 . The court’s factual findings and application of legal standards are not clearly erroneous. Accordingly, the court’s order granting the preliminary injunction is affirmed. 1 AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3. . Complaints about the scope of the preliminary injunction, if any, should be made in the *153 district court.
Plain English Summary
MEMORANDUM ** This preliminary injunction appeal comes to us for review under Ninth Circuit Rule 3-3.
Key Points
01MEMORANDUM ** This preliminary injunction appeal comes to us for review under Ninth Circuit Rule 3-3.
02We subject a district court’s order regarding preliminary injunctive relief only to limited review.
03Our review of an order regarding a preliminary injunction “is much more limited than review of an order involving a permanent injunction, where all conclusions of law are freely reviewable.” Id.
04A decision regarding a preliminary injunction is reviewed for abuse of discretion, which occurs only if the district court based its decision on either an erroneous legal standard or clearly erroneous factual findings.
Frequently Asked Questions
MEMORANDUM ** This preliminary injunction appeal comes to us for review under Ninth Circuit Rule 3-3.
FlawCheck shows no negative treatment for Park Village Apartment Tenants Ass'n v. Mortimer Howard Trust in the current circuit citation data.
This case was decided on October 24, 2007.
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