Refusal to grant the injunction in these circumstances is reversible error. The refusal denies Terri a hearing on the merits. The substantial liklihood rule does not obtain here. It is ludicrous.
I am talking about refusal to issue a ruling. There is no appellate review until he issues his ruling.
When Sander Sauls issued his ruling, he did it from the bench, rather than in writing, so Gore would have time to appeal. Judges usually do that sort of thing, even when they're r uling against you... but not always.