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Van Hollen's chances for a stay while appealing Act 10? (Original Post) charmay Sep 2012 OP
I don't know. The attorney working on behalf of the teacher's union-Lester Pines midnight Sep 2012 #1
Here's what the statutes say... ewagner Sep 2012 #2
Probably a long shot for the stay to be refused, but I'm trying to be optimistic. charmay Sep 2012 #3

midnight

(26,624 posts)
1. I don't know. The attorney working on behalf of the teacher's union-Lester Pines
Sun Sep 16, 2012, 11:36 PM
Sep 2012

said that the paper will be flying...

ewagner

(18,964 posts)
2. Here's what the statutes say...
Mon Sep 17, 2012, 12:17 PM
Sep 2012
808.07 Relief pending appeal. (1) EFFECT OF APPEAL. An
appeal does not stay the execution or enforcement of the judgment
or order appealed from except as provided in this section or as
otherwise expressly provided by law.
(2) AUTHORITY OF A COURT TO GRANT RELIEF PENDING APPEAL.
(a) During the pendency of an appeal, a trial court or an appellate
court may:
1. Stay execution or enforcement of a judgment or order;
2. Suspend, modify, restore or grant an injunction; or
3. Make any order appropriate to preserve the existing state
of affairs or the effectiveness of the judgment subsequently to be
entered.
(am) During the pendency of an appeal, the trial court may hear
and determine a motion filed under s. 806.07.
(b) Except as provided in s. 655.27 (5) (a) 3., relief under this
subsection may be conditioned upon the filing of an undertaking
in the trial court.

The Statutes also allow for the Appellate Court to "punt" and push the case to the State Supreme Court or, the State Supreme Court and "reach out" and assume jurisdiction of the case...
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