Rule 1.1509.Hearing to dissolve temporary injunction

When a temporary injunction issues without notice to the party it restrains, that party still needs a fast way to challenge it. Rule 1.1509 supplies one: at any time, the enjoined party may move the court where the action is pending to dissolve, vacate, or modify the injunction. The motion goes to that same court, and the rule guarantees a hearing within ten days after the motion is filed.

That ten-day guarantee answers a real problem. A comment accompanying amendments to this rule and several of the others in this division explains that concern had grown over injunctions issued without notice or a hearing, paired with difficulty getting a prompt hearing afterward to challenge them. The fix places the burden on the applicant up front — Rule 1.1507 now requires a certification about notice efforts before an ex parte injunction issues — and then guarantees the enjoined party a quick opportunity to be heard once the order is in place, rather than leaving the timing of that hearing to chance.

Because the motion can be filed at any time, a party is not required to wait for a particular stage of the case, and the rule does not limit how many times relief under it can be sought if circumstances change. The combination of an open filing window and a firm hearing deadline is what gives this rule its practical force.