Narrative Opinion Summary
The motion for rehearing is granted, and the previous opinion is replaced. The order granting the temporary injunction is affirmed. The appellant argued that the Marine Mammal Protection Act (MMPA), 16 U.S.C.A. §§ 1361-1380, necessitates the reversal of the injunction, specifically referencing § 1374, which suggests that access to facilities covered by the act should not be restricted except by an admission fee. However, this argument was not presented to the trial court during the temporary injunction hearing, nor was there supporting testimony. Additionally, it remains unclear whether the MMPA applies to the appellee's facility. The affirmance is without prejudice to the appellant's right to seek to dissolve or modify the injunction. Judges Letts, Gunther, and Warner concur.
Legal Issues Addressed
Consideration of Arguments Not Raised at Trialsubscribe to see similar legal issues
Application: The appellant's argument regarding the Marine Mammal Protection Act was not considered because it was not raised during the temporary injunction hearing in the trial court.
Reasoning: This argument was not presented to the trial court during the temporary injunction hearing, nor was there supporting testimony.
Right to Seek Modification of Injunctionsubscribe to see similar legal issues
Application: The affirmance of the injunction does not prevent the appellant from seeking to dissolve or modify the injunction in the future.
Reasoning: The affirmance is without prejudice to the appellant's right to seek to dissolve or modify the injunction.
Scope of Marine Mammal Protection Actsubscribe to see similar legal issues
Application: The applicability of the Marine Mammal Protection Act to the appellee's facility remains undetermined within the context of this case.
Reasoning: Additionally, it remains unclear whether the MMPA applies to the appellee's facility.
Temporary Injunction Affirmationsubscribe to see similar legal issues
Application: The court affirmed the order granting the temporary injunction, indicating that the arguments presented were insufficient to warrant a reversal.
Reasoning: The order granting the temporary injunction is affirmed.