Wednesday, October 10, 2012

Motion For Stay Must Be Presented To Trial Court Before Appellate Court

In Sunbeam Television v. Clear Channel Metroplex (3D12-2138), the Third District denied a motion for stay because the trial court had not ruled on the motion. The limited circumstances that would allow the appellate court to rule in the first instance did not exist in this case. The court did enter a temporary thirty day stay to allow the trial court to rule on the stay motion.


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