Because the underlying appeal is defective for lack of a final judgment, so, too, is the amended appeal. The granting of a motion to open a nonfinal judgment cannot itself be a final judgment. See Blue Cross/Blue Shield of Connecticut, Inc. v. Gurski, 49 Conn.App. 731, 733, 715 A.2d 819 (no appeal will lie from ruling on motion to open nonfinal judgment), cert. denied, 247 Conn. 920, 722 A.2d 809 (1998); cf. Clinton v. Middlesex Mutual Assurance Co., 37 Conn.App. 269, 271, 655 A.2d 814 (1995) (denial of plaintiffs' motion for temporary injunction not an appealable final judgment; therefore, denial of motion to reconsider that order likewise nonfinal judgment). The appeal is dismissed and the case is remanded to the trial court for a determination of the amount of prejudgment interest to be awarded to the defendant.
Because the underlying appeal is defective for lack of a final judgment, so, too, is the amended appeal. The granting of a motion to open a nonfinal judgment cannot itself be a final judgment. See Blue Cross/Blue Shield of Connecticut, Inc. v.Gurski, 49 Conn. App. 731, 733, 715 A.2d 819 (no appeal will lie from ruling on motion to open nonfinal judgment), cert. denied, 247 Conn. 920, 722 A.2d 809 (1998); cf. Clinton v.Middlesex Mutual Assurance Co., 37 Conn. App. 269, 271, 655 A.2d 814 (1995) (denial of plaintiffs' motion for temporary injunction not an appealable final judgment; therefore, denial of motion to reconsider that order likewise nonfinal judgment). The appeal is dismissed and the case is remanded to the trial court for a determination of the amount of prejudgment interest to be awarded to the defendant.
(Internal quotation marks omitted.) Clinton v. Middlesex Mutual Assurance Co., 37 Conn. App. 269, 270, 655 A.2d 814 (1995). The defendants' right to occupy the firehouse, if such a right exists, will not be irretrievably lost, nor will the defendants be irreparably harmed unless they may immediately appeal. See Ruggiero v. Fuessenich, supra, 237 Conn. 347. The defendants have failed to satisfy the second part of the Curcio test and, thus, there is no final judgment.
The primary purpose of a temporary injunction is to maintain the status quo until the rights of the various parties can be sorted out, after a hearing on the merits. Clinton v. Middlesex Assurance Co., 37 Conn.App. 269, 279 (1995). In order for the court to issue a temporary injunction, the movant must establish (1) a reasonable probability of success on the merits at a final hearing; (2) irreparable injury unless the injunction is granted; and (3) no adequate remedy at law.
"The principal purpose of a temporary injunction ‘is to preserve the status quo until the rights of the parties can be finally determined after a hearing on the merits.’ Clinton v. Middlesex Mutual Assurance Company, 37 Conn.App. 269, 270 (1995) quoting Olcott v. Pendleton, 128 Conn. 292, 295 (1941). The standard for granting a temporary injunction are well established.
(Internal quotation marks omitted.) Clinton v. Middlesex Mutual Assurance Co., 37 Conn.App. 269, 270, 655 A.2d 814 (1995). In order to grant an injunction, the court must consider (1) whether there is a lack of an adequate remedy at law; (2) whether there is a threat of irreparable and imminent injury; (3) whether there is a likelihood of success on the merits; and (4) whether a balancing of the equities favors granting the injunction.
" (Internal quotation marks omitted.) Clinton v. Middlesex Mut. Assurance Co., 37 Conn.App. 269, 270, 655 A.2d 814 (1995). The " temporary injunction is a preliminary order . . . granted at the outset or during the pendency of an action, forbidding the performance of the threatened acts described in the original complaint until the rights of the parties . . . [can be] finally determined by the court."
(Internal quotation marks omitted.) Clinton v. Middlesex Mutual Assurance Co., 37 Conn.App. 269, 270, 655 A.2d 814 (1995). Generally, the party seeking the injunction must prove the lack of a remedy at law and must show irreparable harm and substantial injury.
The principal purpose of a temporary injunction is to preserve the status quo until the rights of the parties can be determined after a hearing on the merits. Clinton v. Middlesex Mutual Assurance Company, 37 Conn.App. 269, 270 (1995). As of right. Ballentine's Law Dictionary 3rd Ed. at 431.
The primary purpose of a temporary injunction is to maintain the status quo until the rights of the various parties can be sorted out, after a hearing on the merits. Clinton v. Middlesex Assurance Co., 37 Conn.App. 269, 270, 685 A.2d 814 (1995). The temporary injunction is a preliminary order, granted at the outset or during the pendency of an action, forbidding the performance of matters such as threatened act . . . until the rights of the parties can be finally determined by the court.