[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
No. 07-15170 ELEVENTH CIRCUIT
May 5, 2008
Non-Argument Calendar
THOMAS K. KAHN
________________________
CLERK
D. C. Docket No. 07-21093-CV-JLK
JOHN JAFFE,
BARBARA JAFFE,
Plaintiffs-Third-Party-Defendants-
Counter-Defendants-Appellees,
versus
BANK OF AMERICA, N.A.,
Defendant-Third-Party-Defendant-
Counter-Claimant-Appellee,
FOSHAN POLY MARINE ENGINEERING,
CO., LTD.
Third-Party-Defendant-
Counter-Defendant,
AGRICULTURAL BANK OF CHINA,
Intervenor-Third-Party-Defendant-
Counter-Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(May 5, 2008)
Before BLACK, MARCUS and PRYOR, Circuit Judges.
PER CURIAM:
Agricultural Bank of China appeals the district court’s continuation of a
preliminary injunction, enjoining Bank of America from honoring letter of credit
#3063656 obtained by John and Barbara Jaffe in connection with the construction
of a luxury yacht. After review of the record and the parties’ briefs, we conclude
the district court did not abuse its discretion in continuing the injunction. See
BellSouth Telecomms., Inc. v. MCIMetro Access Transmission Servs., LLC, 425
F.3d 964, 968 (11th Cir. 2005) (reviewing the district court’s grant of preliminary
injunction for abuse of discretion). The district court did not abuse its discretion
in concluding the Jaffes met the prerequisites for the issuance of an injunction:
(1) a substantial likelihood the movant will prevail on the merits; (2) a substantial
threat the movant will suffer irreparable injury if the injunction is not granted;
(3) the threatened injury to the movant outweighs the threatened harm to the
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opposing party; and (4) granting the injunction is not adverse to the public
interest. See id. Thus, we affirm the district court.
AFFIRMED.
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