Appeal Against Temporary Injunction Order Format In Collin
Description
Form popularity
FAQ
Abstract of Judgment: If the defendant owns real property (land), you can get an abstract of judgment from the court that issued the judgment and file it with the county clerk in the county or counties where the defendant owns the property.
File a Motion for Contempt. This motion notifies the court of the other party's failure to comply with the court order and seeks enforcement.
The abstract informs the county in which you have filed it that there is a judgment against the debtor and it creates a judgment lien on the debtor's real estate in that county. The judgment will probably be picked up by credit reporting agencies and be noted on the debtor's credit report.
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.
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.
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).
