Enelow-Ettelson Rule Law and Legal Definition
Enelow-Ettelson rule refers to an equitable injunction which is appealable. It is an equitable stay of a suit at law. It is an exception to the final judgment rule. The Enelow-Ettelson doctrine neither requires showing that an immediate appeal from a stay within its scope is necessary nor allows appeals from stays of equity suits, no matter how urgent a case the appellant makes for an immediate appeal. [Olson v. Paine, Webber, Jackson & Curtis, Inc., 806 F.2d 731, 738 (7th Cir. Ind. 1986)].
For purposes of applying the Enelow-Ettelson rule, a complaint praying for a mix of equitable and legal relief shall be deemed equitable, unless the equitable claim is so insubstantial as to be considered frivolous. This rule was developed from the case, Enelow v. New York Life Ins. Co., 293 U.S. 379 (U.S. 1935).
