William Long v. Holly Benson

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
JUNE 22, 2010
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 08-16261
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D. C. Docket No. 08-00026-CV-4-RH-WCS
WILLIAM LONG,
on behalf of themselves and all
others similarly situated,
CHARLES TODD LEE,
on behalf of themselves and all
others similarly situated,
et al.,
Plaintiffs-Appellees,
versus
HOLLY BENSON,
in her official capacity as Secretary
Florida Agency for Health Care Administration,
DOUGLAS BEACH,
in his official capacity as Secretary
Florida Department of Elder Affairs,
et al.,
Defendants-Appellants.

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Appeal from the United States District Court
for the Northern District of Florida
_________________________
(June 22, 2010)
Before EDMONDSON and BIRCH, Circuit Judges, and HODGES, District*
Judge.
PER CURIAM:
This appeal is from the grant of a preliminary injunction. As we understand
it, today's case presents a close question in the application of law to a set of unique
facts. We are not deciding the merits of the case. But we cannot say the district
court abused its discretion in granting the preliminary injunction in this case. "A
preliminary injunction may be issued to protect the plaintiff from irreparable injury
and to preserve the district court's power to render a meaningful decision after a
trial on the merits. The grant or denial of a preliminary injunction rests in the
discretion of the district court." Canal Authority of State of Fla. v. Callaway, 489
Honorable Wm. Terrell Hodges, United States District Judge for the Middle District of*
Florida, sitting by designation.
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F.2d 567, 572 (5th Cir. 1974). See also Schiavo v. Schiavo, 403 F.3d 1223, 1226
(11th Cir. 2005); Revette v. Int'l Ass'n of Bridge, Structural & Ornamental Iron
Workers, 740 F.2d 892, 893 (11th Cir. 1984).
Today's affirmance of the preliminary injunction does not affect the law of
the case on the merits. A full review of appellants' assertions can be had after --
and if -- the district court on full consideration decides to grant a permanent
injunction.
AFFIRMED.
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