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MMLU / Two days before his home was to be sold at a foreclosure sale, a homeowner…

Problem

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question

Two days before his home was to be sold at a foreclosure sale, a homeowner obtained a temporary restraining order (TRO) in federal court that prevented his lender from proceeding with the sale for 14 days or until a preliminary injunction hearing could take place, whichever was sooner. When a preliminary injunction hearing could not be scheduled within the original 14-day period, the court extended the TRO for another 30 days. The lender appealed the court's order extending the TRO. The homeowner has moved to dismiss the appeal. Is the appellate court likely to dismiss the appeal?

choices

  1. No, because a TRO is immediately appealable.
  2. No, because the 30-day extension makes the TRO equivalent to a preliminary injunction and therefore appealable.
  3. Yes, because a TRO is not appealable under the interlocutory appeals statute.
  4. Yes, because there is no final judgment from which an appeal may be taken.

subject

professional_law

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