When a temporary injunction has been granted and upon final hearing judgment has been rendered adverse to its continuance, either party may apply to the court rendering the judgment, representing that he intends to appeal the case to the court having jurisdiction and praying that the temporary injunction may be continued until the final decision therein. Unless the court is of the opinion that great and irreparable injury will be done by the further continuance of the injunction, or that the application was made only for delay and not in good faith, the court shall continue the injunction until a final decision is rendered in the court having jurisdiction.
(1949 Rev., S. 8212; P.A. 74-183, S. 283, 291; P.A. 76-436, S. 243, 681; P.A. 82-160, S. 176; June Sp. Sess. P.A. 83-29, S. 48, 82.)
History: P.A. 74-183 amended section to require that appeals be taken to appellate session of superior court if judgment was entered in court of common pleas, retaining supreme court as appellate court for judgments rendered in superior court, effective December 31, 1974; P.A. 76-436 returned all appeals to supreme court jurisdiction, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-160 rephrased the section; June Sp. Sess. P.A. 83-29 deleted reference to supreme court and added reference to the court “having jurisdiction”.
“Upon final hearing” does not refer to decision on motion to dissolve temporary injunction, but to final judgment. 128 C. 294. Order dissolving temporary injunction is not a final judgment from which an appeal lies. Id., 295. Cited. 134 C. 362; 140 C. 267. Provisions of Ch. 562 are such that section is not applicable as regards injunctions in labor disputes, and to that extent has been impliedly repealed. 134 C. 622. Cited. 186 C. 725; 230 C. 622; Id., 641.
Cited. 29 CA 105.
Not inconsistent with Secs. 661, 662 and 663 of Practice Book; purpose of section discussed. 15 CS 272.
Structure Connecticut General Statutes
Section 52-471. - Granting of injunction.
Section 52-472. - Bond on issue of temporary injunction.
Section 52-473. - Injunctions may be granted immediately or after notice.
Section 52-474. - Interested persons may appear and be heard.
Section 52-475. - Dissolution of temporary injunction.
Section 52-476. - Continuance pending appeal.
Section 52-477. - Permanent injunction; stay pending appeal.
Section 52-478. - Removal of stay or dissolution of injunction.
Section 52-479. - Reservation for advice. Dissolution of injunction.
Section 52-480. - Injunction against malicious erection of structure.
Section 52-481. - Abatement of manufacturer's nuisance. Temporary injunction.
Section 52-482. - Injunction against manufacturing fish oil or manure.
Section 52-483. - Injunction against sale on execution; adjournment of sale.