§ 125.067.Continuation of Activities Pending Trial or Appeal; Appeal

The expedited timetable, and its first rule is the one that matters most to a defendant.

A person may not continue the enjoined activity pending trial or appeal on the merits of an injunctive order.

Appealing does not suspend the injunction. A person subject to a gang injunction must comply while challenging it, and non-compliance is contempt whatever the appeal’s eventual outcome.

That is a departure from ordinary practice, where a supersedeas can suspend a judgment pending review, and it is the reason the deadlines that follow exist.

Not later than the 90th day after the date of the injunctive order, an appropriate court of appeals shall hear and decide an appeal.

Ninety days to hear and decide is a demanding schedule for an appellate court, and the obligation is on the court rather than on the parties.

Where no appeal is taken, a person temporarily enjoined is entitled to a trial on the merits within 90 days of the temporary order, unless otherwise ordered by the court.

The trial route carries an escape the appeal route does not. "Unless otherwise ordered by the court" lets the trial court move the setting; the appellate deadline is stated without qualification.

The design reflects what a temporary injunction under this subchapter does. It restrains association and presence — conduct lawful in itself — before any final determination, and the answer to that is speed rather than suspension.

A companion provision lets a court extend an injunction for the trial’s duration, so the order does not lapse while the case is heard.