Appeals and Motions to Stay
Posted By Posted by Kelly Tobaygo on Oct 21, 2013 8:15am PDT || Oct 21, 2013
The First District Court of Appeal, in Maxine Lampert-Sacher v. Mark Sacher, recently discussed the issue of a motion for stay. When an appeal is filed, a motion for stay can sometimes be filed as well. This is something that requests that the issue or order being appealed not go into effect until the appellate court makes a ruling. In this case, timesharing was modified in a post judgment divorce matter. The former wife filed an appeal of the Supplemental Final Judgment, and contemporaneously filed a Motion to Stay Pending Appeal. The standard of review for motions to stay is abuse of discretion, and the person seeking the stay has a burden to show “a likelihood of prevailing on appeal, irreparable harm to movant if the motion is not granted, or a showing that a stay would be in the public interest.” The former wife showed only that she disputed the facts relied upon by the trial court in entering the supplemental final judgment in her family law case and therefore did not meet her burden on the motion for stay. The appellate court denied the motion for stay.