813.025.Ex parte restraining orders; right of review of certain orders.

Section 813.025 treats injunctions against government enforcement differently from ordinary injunctions between private parties. No circuit or supplemental court commissioner may issue an injunction or order suspending or restraining the enforcement of a state statute or of an administrative officer’s, board’s, department’s, commission’s, or other state agency’s order made under the state’s statutes — and any such injunction or order issued by a commissioner is void.

A court, unlike a commissioner, can grant this kind of relief, but only after notice to the attorney general and to any other defendants, except in a genuine emergency. If the court believes the applicant will suffer irreparable loss or damage without immediate relief, it may grant a temporary restraining order before that notice-and-hearing process runs its course. That order is good for only five days unless extended after notice and a hearing, or unless the parties or their attorneys consent in writing, and it can never outlast the court’s determination of the application for an interlocutory injunction.

Because these orders touch the enforcement of state law, the section gives them an accelerated path to appellate review: if a circuit court or the court of appeals enters an injunction, restraining order, or other final or interlocutory order suspending or restraining enforcement of a state statute, that order is immediately appealable as a matter of right.