Rule 1.1510.Enjoining proceedings or judgment; venue; bond

Rule 1.1510 covers a distinct situation from an ordinary temporary injunction: a lawsuit whose purpose is to enjoin proceedings already underway in another civil action, or to enjoin enforcement of a judgment or final order already entered. The rule fixes venue for that kind of action tightly to the proceeding being enjoined — it must be brought in the county and court where those proceedings are pending, or where the judgment or order being challenged was obtained.

The rule makes one exception for judgments of the supreme court itself: an action to enjoin a supreme court judgment must be brought in the court from which the appeal was taken, rather than in the supreme court. This keeps the enjoining action anchored to the trial-level record and proceedings, even when the judgment being challenged came from the state's highest court on appeal.

Because this kind of action puts a judgment or ongoing proceeding on hold, Rule 1.1510 adds an extra condition to the bond required under Rule 1.1508: the bond must also be conditioned to pay or comply with the judgment or order being enjoined, or to pay any judgment later recovered against the petitioner on the claim that was enjoined. This gives the other party protection not just against general injunction-related damages, but specifically against the value of the judgment or claim the injunction is putting on hold.