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Art. 3612.Appeals

Book VII. Special Proceedings · Title I. Provisional Remedies · Chapter 2. Injunction · Enacted 2001 · no amendments on record · Last verified July 30, 2026

In one sentenceArticle 3612 bars any appeal from an order relating to a temporary restraining order, allows an appeal as of right from an order or judgment on a preliminary or final injunction without automatic suspension, and requires a preliminary-injunction appeal and any required bond within fifteen days.

Full Text of Art. 3612

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A. There shall be no appeal from an order relating to a temporary restraining order. B. An appeal may be taken as a matter of right from an order or judgment relating to a preliminary or final injunction, but such an order or judgment shall not be suspended during the pendency of an appeal unless the court in its discretion so orders. C. An appeal from an order or judgment relating to a preliminary injunction must be taken, and any bond required must be furnished, within fifteen days from the date of the order or judgment. The court in its discretion may stay further proceedings until the appeal has been decided. D. Except as provided in this Article, the procedure for an appeal from an order or judgment relating to a preliminary or final injunction shall be as provided in Book III.

Amendment History

Acts 2001, No. 512, §1.

Plain-English Summary

Louisiana's three-tier injunction structure carries through to how each tier gets reviewed on appeal. Article 3612 treats a temporary restraining order as unappealable altogether, consistent with how brief and provisional a TRO is meant to be; by the time an appeal could be heard, the order would typically have already expired or been superseded by a preliminary injunction ruling.

A preliminary or final injunction is different. An order or judgment addressing either one can be appealed as a matter of right, but the appeal does not automatically pause, or suspend, enforcement of the order while it is pending, unless the court exercises its discretion to order a stay. That default lets an injunction keep operating during the appeal rather than losing its force the moment a notice of appeal is filed.

A preliminary-injunction appeal moves on a compressed schedule: the appeal, and any bond it requires, has to be taken within fifteen days of the order or judgment, though the court has discretion to stay further trial-court proceedings until the appeal is decided. Beyond these specific rules, Article 3612 folds appeals from preliminary and final injunctions back into Book III's general appellate procedure.

Frequently Asked Questions

Can a temporary restraining order be appealed in Louisiana?

No. Article 3612 provides that there shall be no appeal from an order relating to a temporary restraining order.

Is an appeal of a preliminary injunction automatic, or does someone have to ask the court to allow it?

It is available as a matter of right under Article 3612; no special permission from the court is needed to appeal an order or judgment relating to a preliminary or final injunction.

Does filing an appeal pause enforcement of the injunction?

Not automatically. The order or judgment is not suspended during the appeal unless the court, in its discretion, orders otherwise.

How much time is there to appeal a preliminary injunction ruling?

Fifteen days from the date of the order or judgment, and any bond the appeal requires has to be furnished within that same period.

Source & verification. Article text is reproduced verbatim from the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature. Last verified July 30, 2026. · Official source
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