8.01-626 - When court grants or refuses injunction, justice of Supreme Court or judge of Court of Appeals may review it.
§ 8.01-626. When court grants or refuses injunction, justice of Supreme Courtor judge of Court of Appeals may review it.
Wherein a circuit court (i) grants an injunction or (ii) refuses aninjunction or (iii) having granted an injunction, dissolves or refuses toenlarge it, an aggrieved party may, within fifteen days of the court's order,present a petition for review to a justice of the Supreme Court; however, ifthe issue concerning the injunction arose in a case over which the Court ofAppeals would have appellate jurisdiction under § 17.1-405 or § 17.1-406, thepetition for review shall be initially presented to a judge of the Court ofAppeals within fifteen days of the court's order. The petition shall beaccompanied by a copy of the proceedings, including the original papers andthe court's order respecting the injunction. The justice or judge may takesuch action thereon as he considers appropriate under the circumstances ofthe case.
When a judge of the Court of Appeals has initially acted upon a petition forreview of an order of a circuit court respecting an injunction, a partyaggrieved by such action of the judge of the Court of Appeals may, withinfifteen days of the order of the judge of the Court of Appeals, present apetition for review of such order to a justice of the Supreme Court if thecase would otherwise be appealable to the Supreme Court in accordance with §17.1-410. The petition shall be accompanied by a copy of the proceedingsbefore the circuit court, including the original papers and the circuitcourt's order respecting the injunction, and a copy of the order of the judgeof the Court of Appeals from which review is sought. The justice may takesuch action thereon as he considers appropriate under the circumstances ofthe case.
(Code 1950, § 8-618; 1977, c. 617; 1984, c. 703.)