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ITEM 11B | LOWER TRIBUNAL’S CONTINUING POWER TO HANDLE STAY MOTIONS

Usually, a party seeking a stay during an appeal must file a motion in the lower court or administrative agency (lower tribunal) that entered the order or judgment that the party is appealing. Under Florida Rule of Appellate Procedure 9.310 and Section 45.045, Florida Statutes, the lower tribunal has the power to grant, deny, or modify the terms of a stay, even after a notice of appeal has been filed. Sometimes, the appellate court may consider a stay request first, but the party who wants to stay the order or judgment that is being appealed is usually required to first file a motion requesting a stay in the lower tribunal that decided the case. After the lower tribunal has ruled on a motion for a stay, that decision can be reviewed by the appellate court.

See Florida Rule of Appellate Procedure 9.310(a)&(f).
Last Updated: // Disclaimer
(Florida Bar Appellate Practice Section © 2016)
Congratulations! You're now booked up on Item 11B from the Florida Bar's Pro Se Handbook!

You might need to reference it during your pursuit of justice.

For instance, you might need to examine this handbook in order to protect yourself from judges/lawyers/organizations who break the law (see this example of a Florida judge who outright committed perjury).

Nevertheless – and as always – please get the justice you deserve.

Sincerely,



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