Legal Question in Appeals and Writs in Florida

when you file an emergency petition for writ of mandamus and injunctive relief to prevent lower court from proceeding further until district court of appeals makes ruling, does that place an automatic stay on further proceedings in lower court until ruled upon? If not, do i need to also file a motion to stay in the lower court? The issue is lack of personal jurisdiction and subject matter jurisdiction in lower court in an adult guardianship case where adult was sui juris, never served with petition for guardianship, never adj. incapacitated as an adult in any court, court appointed crony lawyers received more than $150k in legal fees fraudulently.

Asked on 9/24/09, 2:40 pm

1 Answer from Attorneys

Philip Duvalsaint Philip A. Duvalsaint, PLLC

Rule 9,310 Fla.R.App.P.

(a) Application. Except as provided by general law and in subdivision (b) of this rule, a party seeking to stay a final or non-final order pending review shall file a motion in the lower tribunal, which shall have continuing jurisdiction, in its discretion, to grant, modify, or deny such relief. A stay pending review may be conditioned on the posting of a good and sufficient bond, other conditions, or both.

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Answered on 9/24/09, 3:26 pm

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