Motions for Stay Pending Appeal
October 14, 2021
How Do I Stop the Judge’s Order From Taking Effect?
If you just got a bad ruling from the Court, do not panic. You may be able to stop the ruling from going into effect when a case is pending at the trial court level, and a court issues a nonfinal order. For example, in a family law case, a court may grant a motion for temporary relief and award thousands of dollars in attorney fees to the opposing party. If you think the court made an error in its ruling, you can file a motion asking the court to delay or “stay” the ruling from going into effect.
If you got a bad court ruling, you should call Mario Gunde Peters & Kelley as soon as possible. You need a law firm that is experienced in working at the trial court level (where a Motion for Stay Pending Review is filed) and at the appeal court level (where the appeal of the ruling is filed). Our attorneys have decades of experience working at the trial court and appellate court levels.
Motions for stay pending appeal are utilized to suspend the enforcement of an order or judgment which is pending review by the appellate court. A stay is a preventative tool that suspends the right of enforcement without vacating or setting aside the order to which it is directed. Therefore, a stay maintains the status quo of the case until the appellate court has disposed of the appeal. This article does not address stays predicated on a bankruptcy action. In addition, a stay is not a prerequisite to appellate jurisdiction and review.
A party seeking to preclude the enforcement of a final or nonfinal order pending appellate review must file a motion for stay in the lower court. Florida Rule of Appellate Procedure 9.310 governs stay proceedings and is applicable in all civil cases, except cases where an exclusive money judgment has been awarded or where the case involves public officers or public entities as a party. Where the award is solely monetary in nature, a stay can be automatically entered by posting a good and sufficient bond that is equal to the principal amount of the judgment award plus twice the statutory rate of interest for the judgment award. Where the case involves public officers or public entities, the timely filing of a notice by that party will automatically operate as a stay pending review. Unless either exception applies, the trial court may exercise its discretion to decide entitlement to a stay and the conditions of the stay.
Stay orders are subject to challenge and appellate review in the same appeal case by motion filed with the appellate court pursuant to subsection (f) of Rule 9.310. Notably, appellate courts have the inherent authority to issue a stay pending review if the motion is initially filed in the appeal case rather than in the trial court.
A party seeking a stay may be required to post an appeal bond, formally known as a supersedeas bond. The primary purpose of this bond is to protect the prevailing party in the event that the judgment is affirmed by the appellate court. As such, the court should set the bond at an adequate amount to achieve the objective. Although stays pending review are often conditioned on financial security provided in the form of a bond, courts may nevertheless attach lawful conditions to supersedeas bonds where appropriate.
Sometimes a trial court ruling can cause you immediate damage that cannot be undone on appeal. If you need to stop a trial court’s ruling, call Mario Gunde Peters & Kelley for a free consultation using the number below.