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.”
As such, an injunctive relief will be overturned if the appellate court finds that the trial court issued the relief based on an misapplication of the law or an erroneous factual finding. Injunctive relief is generally only granted in extreme circumstances.
(a) The defendant may seek dissolution of an issued writ of sequestration by filing a written motion with the court. (b) The right to seek dissolution is cumulative of the right of replevy. (c) The filing of a motion to dissolve stays proceedings under the writ until the issue is determined.
An injunction or temporary restraining order is an order from the court prohibiting a party from performing or ordering a specified act, either temporarily or permanently.
The order will expire on the set date, by Order of the Court, by agreement of all parties, or until your case has a final order issued.
The notice of appeal must: (1) identify the trial court and state the case's trial court number and style; (2) state the date of the judgment or order appealed from; (3) state that the party desires to appeal; (4) state the court to which the appeal is taken unless the appeal is to either the First or Fourteenth Court ...
What are my options? You may be able to reapply for an injunction against harassment if a new incident of abuse or harassment occurs or if a new threat of harassment occurs after you are denied the injunction. If you believe the judge made an error of law, you can talk to lawyer about the possibility of an appeal.
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.
The notice of appeal must: (1) identify the trial court and state the case's trial court number and style; (2) state the date of the judgment or order appealed from; (3) state that the party desires to appeal; (4) state the court to which the appeal is taken unless the appeal is to either the First or Fourteenth Court ...