Dear Experts
If a lower court order was appealed and in the appeal a decree was passed setting aside the order of the lower court, is the decree from the appeal prospective or retrospective.
1) Is the lower court order considered being set aside from the date of the decree from the appeal or from the date the lower court decreed the order?
Example: Assuming lower court allowed a perpecutal injunction against a defendant who was successful in getting the lower court order set aside during the appeal. If the appeal process took 6 months, would there have been an injunction in effect during the 6 month period?
thanks,
