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I am envolved in a real estate matter at present. The ...
Sent to Legal Experts February 05 05:55 PM

I am envolved in a real estate matter at present. The judge entered an order not in my favor but also order a stay of proceedings pending appeal. I know I have that right to appeal due to the judge not following the law, the facts of the case and not allowing due process. Once the appeal is filed and I receive a case number from the applett court; does the lower court maintain any type of jurisdiction at this point. If opposing counsel files a motion with the lower court does my attorney have to respond to the motion if the lower court no longer has jurisdiction?

 

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miami, Florida

Already Tried:
My primary concern is opposing counsel has begun filing motions to lift the judges order to stay proceedings pending appeal. Do I respond? If I ignore them will I suffer some sort of default?

Customer (name blocked for privacy)
Status:  Closed   Value: $15
Answer
February 6 10:30 AM (16 hours and 35 minutes and 4 seconds later)
         
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Customer (name blocked for privacy):

Your attorney does have to draft an opposition to the motion to dismiss the stay on the grounds the action is stayed pending appeal.

;o)



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Alice Wright -- Research Expert -- 98% Positive Feedback on 631 Legal Accepts
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Reply
February 6 1:03 PM (2 hours and 33 minutes and 11 seconds later)
         
Reply to Alice Wright's Post: Hello Alice,

My main concern was not addressed. I want to know if the lower court has any type of jurisdiction while the case is in the applett court's jurisdiction. If the lower court does maintain some form or jurisdiction, then the filings by opposing counsel may have some weight, if the lower court doesn't manitain any jurisdiction then opposing counsel's filings in the lower court are fruitless regardless to what motion is filed. Please respond!
Customer (name blocked for privacy)
Answer
February 6 1:08 PM (5 minutes and 10 seconds later)
         
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Not if the trial court is stayed pending appeal.

The lower court has no jurisdiction until the stay is lifted.

 

 



Kindly hit the accept button, so I am credited for my research. Please provide me with POSITIVE feedback if you accept my answer!

My answer is for informational purposes only and not intended in anyway to be contrued as legal advice.
Picture
Alice Wright -- Research Expert -- 98% Positive Feedback on 631 Legal Accepts
11 Years Research Experience
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