Stay Pending Appeal on Appeal
- Created on 04 August 2010
- Last Updated on 26 May 2014
- Written by Fred M. Kray
- Hits: 1680
Stay Pending Appeal On Appeal
Once you have filed your Notice of Appeal, and your Motion for Stay Pending Appeal has been dismissed for lack of jurisdiction or denied, you may now file the same Motion for Stay on Appeal. This is particularly important if you are still fighting to get the dog back via Replevin. Why? Because it weakens the argument of the government that the dog has been declared dangerous thus triggering perhaps their right to keep the dog. The Motion for Stay may also request the appellate court to allow you to hold the dog pending appeal, regardless of whether a writ of replevin has been filed. A sample motion is seen below.
Triana v. Marion County - Emergency Motion to Stay
Further, depending on what your particular Ordinance or Statute says, such a Motion would prevent Animal Control from taking action to euthanize the dog pending appeal. You might think this is a spurious fear, but it has happened-animal control has euthanised a dog immediately upon receiving the destruction order.
Van Patten v. City of Binghamton, 137 F. Supp.2d 98 (USDC ND NY 2001) - Animal control euthanized dog upon receipt of the destruction order, giving the owner essentially no time to appeal.