After initially granting a temporary injunction, the trial court has denied your request for a permanent injunction following trial. You intend to appeal, but the defendant is about to take the very action you sought to have enjoined — demolishing an old house, for example. If that occurs, your appeal will be moot. No problem, you say. The automatic stay provision of the Practice Book requires the defendant to refrain from acting pending the outcome of the appeal, right?
Wrong. Practice Book �61-11 only provides for an automatic stay of “proceedings to enforce or carry out the judgment . . . .” For example, if a plaintiff obtains a money judgment, she cannot execute on the judgment while the appeal is pending unless the trial court affirmatively terminates the stay. By contrast, if a defendant has prevailed in a case in which the plaintiff sought a permanent injunction, no further judicial “proceeding” is necessary to “enforce or carry out the judgment.” Therefore, there is nothing to be stayed, automatically or otherwise. In other words, the defendant is free to tear down the house.
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