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ITEM 15F | STAYS WHILE THE APPEAL IS PENDING

“Stays,” which can stop enforcement of an order during an appeal, are discussed in a separate chapter of the Handbook. See Chapter 11 on Stays Pending Review. Below is a summary of the key points concerning stays in administrative appeals.

During an appeal, a final order is still effective and will be enforced. The order will not be stopped unless a motion to stay is both filed and granted. In most cases, the motion must be filed first with the agency that issued the final order. However, if an administrative hearing resulted in a license revocation or a license suspension, the appellant can file a motion for stay directly with the district court of appeal. A stay, if granted, will stop the final order until the appeal is over. If the motion is filed with the agency, the agency will issue an order granting or denying the stay. The agency may require the appellant to post a bond or money as a requirement of granting a stay. If the stay is denied, or if the appellant disagrees with a required bond, the appellant may file a motion in the appeal asking the appellate court to review the agency’s decision on the stay motion. The appellate court’s decision on the stay motion will be final on the issue of the stay.
Last Updated: // Disclaimer
(Florida Bar Appellate Practice Section © 2016)
Congratulations! You're now booked up on Item 15F from the Florida Bar's Pro Se Handbook!

You might need to reference it during your pursuit of justice.

For instance, you might need to examine this handbook in order to protect yourself from judges/lawyers/organizations who break the law (see this example of a Florida judge who outright committed perjury).

Nevertheless – and as always – please get the justice you deserve.

Sincerely,



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