Appeal Against Temporary Injunction Order Format In Bexar
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FAQ
The purpose of a motion to dissolve an injunction is “to provide a means to show changed circumstances or changes in the law that require modification or dissolution of the injunction; the purpose is not to give an unsuccessful party an opportunity to relitigate the propriety of the original grant.”
In order to appeal an injunction, you will have to hire a private attorney to file a notice of appeal. To prepare the appellate brief, the attorney will need the full transcription of the hearing or trial.
If the party moving for the preliminary injunction wants to appeal the judge's denial of the preliminary injunction, then they will make an interlocutory appeal (since the judge's denial is a form of an interlocutory order).
As noted in our blog article on the subject, "Can you appeal a court's granting - or denying - a TRO?," the general rule is that such orders, standing alone, are generally not appealable in either Federal or State court (at least not in New York).
Section 51.014(a)(4) of the Civil Practice And Remedies Code does not provide for interlocutory appeal of a temporary restraining order, and it is therefore not appealable.
An appeal of a temporary injunction is an accelerated appeal. So, an appellant has twenty days to file notice of appeal and post-order motions will not extend the deadline.
Section 51.014 - Appeal From Interlocutory Order (a) A person may appeal from an interlocutory order of a district court, county court at law, statutory probate court, or county court that: (1) appoints a receiver or trustee; (2) overrules a motion to vacate an order that appoints a receiver or trustee; (3) certifies ...
No temporary injunction shall be issued without notice to the adverse party. No writ of injunction shall be granted unless the applicant therefor shall present his petition to the judge verified by his affidavit and containing a plain and intelligible statement of the grounds for such relief.
