Preliminary Injunctions
Interlocutory Nature
"A preliminary injunction is interlocutory in nature. As a result, issuance of a preliminary injunction cannot be appealed prior to final judgment absent a showing that the appellant has been deprived of a substantial right which will be lost should the order escape appellate review before final judgment. Clark v. Craven Reg'l Med. Auth., 326 N.C. 15, 23, 387 S.E.2d 168, 173 (1990) (citation and quotation marks omitted).
Scope of Review
"The applicable standard of review utilized in an appeal from the denial of a request for a preliminary injunction is essentially de novo. An appellate court is not bound by the findings, but may review and weigh the evidence and find facts for itself. However, a trial court's ruling . . . is presumed to be correct, and the party challenging the ruling bears the burden of showing it was erroneous. Goad v. Chase Home Fin., LLC, 208 N.C. App. 259, 261, 704 S.E.2d 1, 2-3 (2010) (citations and quotation marks omitted).
"[A] refusal to dissolve a injunction is addressed to the discretion of the trial court and can only be set aside if there is an abuse of discretion. Barr-Mullin, Inc. v. Browning, 108 N.C. App. 590, 598, 424 S.E.2d 226, 231 (1993).
Standard for Issuance
"[A preliminary injunction] will be issued only (1) if a plaintiff is able to show likelihood of success on the merits of his case and (2) if a plaintiff is likely to sustain irreparable loss unless the injunction is issued, or if, in the opinion of the Court, issuance is necessary for the protection of a plaintiff's rights during the course of litigation. Ridge Cmty. Investors, Inc. v. Berry, 293 N.C. 688, 701, 239 S.E.2d 566, 574 (1977).