Emergency Stays and Motions

Some appeals cannot wait for the normal briefing schedule. When a trial court's order threatens immediate and irreparable harm — the distribution of estate assets, the sale of property, the enforcement of a money judgment, or the loss of a right that cannot later be restored — appellate relief may be needed right away. At the Law Offices of Albert Goodwin, PA, we seek stays pending appeal and file emergency motions to preserve the status quo while an appeal is decided.

Stay Pending Appeal Under Rule 9.310

A stay prevents the trial court's order from being enforced while the appeal is pending. Florida Rule of Appellate Procedure 9.310 governs stays pending review. A motion for stay is ordinarily presented first to the lower tribunal, which is in the best position to set the terms, and may be sought in the appellate court if relief in the lower tribunal is denied or is impractical.

In many money-judgment cases, a party is entitled to an automatic stay by posting a good and sufficient bond — a supersedeas bond — in the amount set by the rule. For other orders, the trial court has discretion to grant a stay on appropriate conditions. A party seeking a discretionary stay generally must show a likelihood of success on the merits and that irreparable harm will result without a stay. In estate and fiduciary matters, the court may condition a stay on the posting of a bond to protect the interests of the other parties.

Why a Stay Can Be Critical

Without a stay, the very thing an appeal is meant to prevent can happen while the appeal is still pending — and once it happens, the appeal may be moot. For example, if estate assets are distributed, property is sold to a third party, or funds are paid out, reversing the order on appeal may provide no meaningful remedy. A timely stay preserves the court's ability to grant effective relief if the appeal succeeds. This is especially important in probate and estate appeals, where assets can be irretrievably distributed.

Emergency Motions Under Rule 9.300

Florida Rule of Appellate Procedure 9.300 governs motions in the appellate court, including emergency motions when immediate action is necessary to prevent irreparable harm. An emergency motion must explain the nature of the emergency, the specific relief requested, and why ordinary motion practice would not provide timely relief. Because emergency motions are decided quickly and often on a limited record, they must be precise, well-supported, and candid about the facts and the law.

Other Time-Sensitive Appellate Motions

Beyond stays, a range of appellate motions can shape the course and outcome of an appeal, including:

• Motions to expedite review when delay would cause harm
• Motions to enforce or to dissolve a stay
• Motions for rehearing, rehearing en banc, or clarification of a decision
• Motions relating to the contents of the record on appeal
• Motions for extension of time and other procedural relief

Where an order is not directly appealable, a petition for writ of certiorari accompanied by a request to stay the order may be the appropriate vehicle to obtain emergency review.

Act Quickly to Protect Your Rights

Emergency appellate relief depends on moving fast and getting the procedure right. If a trial court has entered an order that threatens immediate harm, contact the Law Offices of Albert Goodwin, PA without delay. Call 786-522-1411 or email [email protected] to discuss a stay or emergency motion in your case.