§ 1.10.3 Appeal of Temporary Restraining Orders.

• Jurisdiction: Arizona

§ 1.10.3 Appeal of Temporary Restraining Orders. An order granting or dissolving an injunction or refusing to grant or dissolve an injunction is appealable. A.R.S. § 12-2101(F)(2) . Since temporary restraining orders traditionally have been treated as injunctions in the Arizona statutes, see Revised Statutes of Arizona Territory 1901, § 2746 , this provision arguably should permit the appeal of temporary restraining orders. See § 1.10.1, supra. This conclusion is buttressed by the fact that an identically worded California statute, West’s Annotated California Code, Code of Civil Procedure § 904.1 , has been interpreted to permit appeal from the grant or denial of a temporary restraining order. McLellan v. McLellan,23 Cal. App. 3d 343, 100 Cal. Rptr. 258 (Ct. App. 1972).

However, the corresponding federal statute, worded very similarly to the Arizona statute, has been interpreted not to permit appeals from temporary restraining orders. United States v. Crusco,464 F.2d 1060 (3d Cir. 1972) ; New York Telephone Co. v. Communications Workers,445 F.2d 39 (2d Cir. 1971) ; Dilworth v. Riner, 343 F.2d 226 (5th Cir. 1965) . The one Arizona case which ventured to even discuss the question declined to...