I have had a TRO on my own land for five years because I staked my property. My next-door neighbor is suing for adverse possession. His survey agrees with ours. He got the TRO and He has full use of the property but I cannot use it. The trial was supposed to take place Nov. 2018 but it supposedly settled in court, both sides agreed on the record, etc. The court dismissed the complaint WITH prejudice December 2018, however the plaintiff hasn't fulfilled settlement documents and is now demanding changes, etc. I don't know, and my attorney doesn't know for sure, if the TRO is still in place since the case is dismissed. We are going to have to reopen it in order to have our motion to enforce settlement heard but IS THE TRO STILL IN PLACE RIGHT NOW SINCE THE CASE IS DISMISSED?
1 Answer from Attorneys
I think one would need to carefuly review and read the TRO to determine its length. It is supposed to be temporary, but unless it is a lis pendens, it does not necessarily expire with the end of the suit.