In the Matter of the Trust Created Under Agreement by and Between Janet E. Johnson, Settlor, and Paul Johnson, ...

Summary

The court held that the district court’s orders restoring trust property and removing and replacing the trustee were not injunctions or functional equivalents of injunctions, so they were not immediately appealable under the interlocutory-appeal rule. The orders granted permanent remedies for an adjudicated breach of trust rather than provisional relief preserving the status quo, and the court declined to adopt or apply a separate property-transfer exception to the final-judgment rule. The court therefore affirmed dismissal of the appeal as premature.