CRE Venture 2011-1 LLC v. First Citizens Bank of Ga.

The trial court did not manifestly abuse its discretion in enjoining the defendant bank from foreclosing on the property securing a loan in an action regarding a loan participation agreement among multiple lenders and a dispute over which lender has the right to administer the loan.

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CRE Venture 2011-1, LLC “Venture”, appeals from an order of the Superior Court of Fulton County granting the interlocutory injunction sought by First Citizens Bank of Georgia “Citizens”. This suit concerns a loan participation agreement among multiple lenders, a dispute over which lender has the right to administer the loan and to foreclose on the real property securing the loan, and the effect of the loan having passed through Federal Deposit Insurance Corporation “FDIC” receivership. Finding no manifest abuse of discretion in the court’s decision to grant the interlocutory injunction, we affirm.

When deciding whether to issue an interlocutory injunction, a trial court should consider whether: 1 there is a substantial threat that the moving party will suffer irreparable injury if the injunction is not granted; 2 the threatened injury to the moving party outweighs the threatened harm that the injunction may do to the party being enjoined; 3 there is a substantial likelihood that the moving party will prevail on the merits of her claims at trial; and 4 granting the interlocutory injunction will not disserve the public interest. The decision whether to grant a request for interlocutory injunctive relief is in the discretion of the trial court according to the circumstances of each case, and we will not disturb the injunction a trial court has fashioned unless there was a manifest abuse of discretion. The purpose for granting interlocutory injunctions is to preserve the status quo, as well as balance the conveniences of the parties, pending a final adjudication of the case. Stated otherwise, an interlocutory injunction is a device to keep the parties in order to prevent one from hurting the other whilst their respective rights are under adjudication.

CRE Venture 2011-1 LLC v. First Citizens Bank of Ga.

The trial court did not manifestly abuse its discretion in enjoining the defendant bank from foreclosing on the property securing a loan in an action regarding a loan participation agreement among multiple lenders and a dispute over which lender has the right to administer the loan.

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