Sunday, January 24, 2010

Motion To Stay Entry Of Mandate Denied

Update: On June 9, 2011, the Florida Supreme Court reversed the underlying opinion in this case. The Florida Supreme Court's opinion can be viewed HERE.

In Banco Industrial de Venezuela, C.A. v. de Saad (3D08-1713), the Third District entered a published order denying Banco Industrial's motion to stay the entry of a mandate pending the Florida Supreme Court's decision as to whether to accept jurisdicion of the case or not.  The court stated:
The Committee Notes to Rule 9.120 state the following concerning motions to stay mandate:
The advisory committee was of the view that the District Courts should permit such stays only when essential. Factors to be considered are the likelihood that jurisdiction will be accepted by the Supreme Court, the likelihood of ultimate success on the merits, the likelihood of harm if no stay is granted, and the remediable quality of any such harm.
The court denied the motion to stay the mandate and stated:
After a review of this Court’s decision, and the motion and response in this matter, it appears to this Court that Banco Industrial’s and BIV’s motion fails on the first two factors, the likelihood that the Supreme Court will accept jurisdiction and the likelihood of ultimate success on the merits.
The decision they were attempting to stay was released on September 16, 2009 and can be viewed HERE.


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