§ 1.10.1 In General.

• Jurisdiction: Arizona

§ 1.10.1 In General. An appeal may be taken from an order granting or dissolving an injunction or refusing to grant or dissolve an injunction. A.R.S. § 12-2101(F)(2). The scope of this power is described in Davies v. Johnson,22 Ariz. 63, 193 P. 1019 (1920) :

“The language [of the statute] is explicit, and clearly covers every case of an order granting an injunction. It does not say ‘from an order granting an injunction made on notice, or upon order to show cause.’ Nothing is said about an order adjudicated after a contest, or after both sides have been heard. The appeal is from ‘an order granting an injunction’ in the broadest terms, without limit or qualification.”

Id. at 64, 193 P. at 1019 (quoting Sullivan v. Triunfo Gold & Silver Mining Co., 33 Cal. 385 (1867) ).

However, in Drachman v. Jay,4 Ariz. App. 70, 417 P.2d 704 (1966), the Arizona Court of Appeals failed to decide the issue, although the statute clearly suggests an appeal will lie from the grant or denial of any injunction, including a temporary restraining order. This conclusion is buttressed by Bulova Watch Co. v. Super City Department Stores,4 Ariz. App. 553, 422 P.2d 184 (1967) . There, the court broadly stated, “An appeal may be taken from an order granting or refusing to grant an injunction at any stage of the case in which application for the injunction is made.” Id. at 555, 422 P.2d at 186 . This is in contrast to federal procedure where a temporary restraining order is not appealable. Connell v. Dulein Steel Products Inc.,240 F.2d 414 (5th Cir. 1957) , cert. denied, 356 U.S. 968 (1958).

The statute permits appeal of a matter where the court has taken no action, thereby cutting off the rights of one of the parties. For example, an appeal will lie where the court refuses to take timely action. Such a refusal will be held to be...