Cieslikowski v. Radecki

I respectfully dissent from the conclusion of my associates and feel constrained to set forth my reasons therefor, and as briefly as possible.

Before entering upon the merits of the case, I wish to state that I do not concur in the general observation in the majority opinion that the vacation of an order for a temporary injunction in this case lies within the sound discretion of the trial court. I have read several cases where this issue was considered and it is my understanding that in an action for injunction wherein the ultimate relief sought is the adjudication of plaintiff’s property…