A writ of preliminary
injunction would become a prejudgment of a case only when it grants the main
prayer in the complaint or responsive pleading, so much so that there is
nothing left for the trial court to try except merely incidental matters. x x x Since Section 4 of Rule 58 of the Rules
of Civil Procedure gives the trial courts sufficient discretion to evaluate the
conflicting claims in an application for a provisional writ which often
involves a factual determination, the appellate courts generally will not
interfere in the absence of manifest abuse of such discretion. (DELA ROSA VS. VALDEZ, [2011]).
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.