Arkansas Temporary Restraining Order Reversed Because Plaintiff Failed to Include an Affidavit or Verified Complaint
The Arkansas Supreme Court reversed a temporary restraining order for failure to comply with Ark. R. Civ. P. 65 in IBAC Corp. v. Becker, No. 07-252 (10/25/07).
This case involves the Royal Arkansas Hotel and Suites in Pine Bluff. Plaintiffs filed a lawsuit for fraud and related claims. Plaintiffs requested the TRO but failed to include an affidavit or verified complaint that irreparable harm will occur without the TRO. The trial court granted the TRO without a hearing. Among other things, the TRO required a full inspection of the hotel's financial records and prevented any transfer of hotel assets.
The court easily dismissed the TRO. There are only two ways to obtain preliminary injunctive relief in Arkansas: (1) provide notice to the other side and have a hearing; or (2) the plaintiff must submit an affidavit or verified complaint stating that irreparable harm will occur. In this case, the plaintiffs failed to comply with the rule. The opinion does not state the amount of the bond, if any, that plaintiffs had to post to get the TRO.
