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Watson v. Watson4/15/2005
, the court shall dissolve the temporary restraining order."
Laushaun argues that Randy's appeal should be dismissed because, she argues, the trial court did not issue an interlocutory order "granting, continuing, modifying, refusing, or dissolving an injunction, or refusing to dissolve or to modify an injunction." See Rule 4(a)(1)(A), Ala. R. App. P. Randy argues that at the July 6, 2004, hearing the trial court erred in refusing to consider Randy's motion for a preliminary injunction and instead setting that motion for a hearing on October 28, 2004. The transcript of the July 6, 2004, hearing shows that the trial court refused to rule on Randy's motion for a preliminary injunction on that day. The trial court stated that it would set the preliminary injunction for a hearing at a later time. Thereafter, Randy's counsel asked the trial court to reinstate the temporary restraining order, to which the trial court responded that it had only a motion for a preliminary injunction before it, not one for a temporary restraining order. The trial court restated that it would set the preliminary injunction for a hearing at a later time. Later that same day, the trial court entered a handwritten notation on the motion for a preliminary injunction, setting it for a hearing to be held on October 28, 2004.
Under Rule 65(b), Ala. R. Civ. P., the temporary restraining order issued in response to Randy's first motion expired on May 15, 2004, 10 days after it was issued. The trial court denied Randy's second motion for an emergency temporary restraining order on July 13, 2004. The trial court's denial of the second emergency motion for a temporary restraining order is an interlocutory order refusing an injunction, which was appealable pursuant to Rule 4(a)(1)(A), Ala. R. App. P. However, it is not that motion from which Randy appeals; instead, Randy appeals from the trial court's July 6, 2004, action setting the hearing on the preliminary injunction for October 28, 2004. The trial court's scheduling of a hearing is not an interlocutory order "granting, continuing, modifying, refusing, or dissolving an injunction, or refusing to dissolve or to modify an injunction." Rule 65(b), Ala. R. Civ. P. Therefore, we dismiss Randy's appeal.
Conclusion
Because Randy's appeal is not from an appealable interlocutory order, we must dismiss his appeal.
APPEAL DISMISSED.
Nabers, C.J., and Harwood, Stuart, and Bolin, JJ., concur.
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