Appealing a preliminary injunction

On Behalf of | Apr 22, 2024 | Litigation

A preliminary injunction is a legal order that requires a party to do or refrain from doing something while a legal case is ongoing. The purpose is to preserve the status quo and the legal rights of both parties until the court reaches a final decision.

Even though preliminary injunctions are temporary, defendants may still appeal them in the Kentucky Court of Appeals.

Tests for issuing a preliminary injunction

To obtain a preliminary injunction in Kentucky, the party seeking it must demonstrate the following two key factors:

  • Violation of rights: The defendant is behaving in a way that violates the plaintiff’s rights
  • Irreparable harm: Without the injunction, the plaintiff will suffer harm that cannot be adequately compensated or undone

The type of evidence a court will accept as proof of these two factors varies and is at the discretion of a judge.

Appeals for a preliminary injunction

If a party disagrees with the court’s decision to grant or deny a preliminary injunction, they can appeal the decision to the Kentucky Court of Appeals. Oral arguments usually take place in Frankfort but sometimes can occur in different locations across the state. Three of Kentucky’s 14 appellate judges evaluate the case to determine if the trial court abused its discretion or made a legal error in issuing the injunction.

It is important to be aware of the timeframe for appealing a judgment. Defendants have 30 days to file paperwork and another 60 days to prepare a brief explaining why they believe the court should reverse its decision. The state then has 60 days to respond.