Sec. 52-476. Continuance pending appeal. - Connecticut Statutes

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Statutes > Connecticut > Title52 > Chap916 > Sec52-476

      Sec. 52-476. Continuance pending appeal. 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 chapter 562 are such that this section is not applicable as regards injunctions in labor disputes, and to that extent has been impliedly repealed. 134 C. 622.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. Cited. 230 C. 622; Id., 641.

      Cited. 29 CA 105.

      Not inconsistent with sections 661, 662 and 663 of the Practice Book. Purpose of section discussed. 15 CS 272.

State Codes and Statutes

Statutes > Connecticut > Title52 > Chap916 > Sec52-476

      Sec. 52-476. Continuance pending appeal. 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 chapter 562 are such that this 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. Cited. 230 C. 622; Id., 641.

      Cited. 29 CA 105.

      Not inconsistent with sections 661, 662 and 663 of the Practice Book. Purpose of section discussed. 15 CS 272.

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State Codes and Statutes

Statutes > Connecticut > Title52 > Chap916 > Sec52-476

      Sec. 52-476. Continuance pending appeal. 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 chapter 562 are such that this 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. Cited. 230 C. 622; Id., 641.

      Cited. 29 CA 105.

      Not inconsistent with sections 661, 662 and 663 of the Practice Book. Purpose of section discussed. 15 CS 272.