Motion to Stay Pending Appeal
If you lose before the initial fact finder, be it Code Enforcement Board, Animal Control or General Magistrate, it is important to make a Motion to Stay the Classification Pending Appeal. The dog may be at home, being housed at the vet or at Animal Control pending euthanasia. By moving to stay the classification pending appeal, you are trying to get the dog home pending appeal and prevent whatever further restrictions that may go into effect as a result of the classification.
The Motion to Stay should have an evidentiary basis. File the hearing transcript and provide affidavits on issues which need an evidentiary basis. The best example of a Motion for Stay with a Memorandum of Law can be found below in the Lipsky case.
There is some suggestion in the case law and the appellate rules that if you fail to make a Motion to Stay before the intial fact finder, you may not be able to do so for the first time on appeal. If the lower tribunal refuses to entertain the Motion at all, which is what the Code Enforcement Board did in Triana, you can then renew your Motion in the Appellate Court. Likewise if the lower tribunal denies the motion on the merits, you can renew your Motion for Stay in the Appeal.
In any case, you never want to be in the position where you waived it by not bringing it before the lower tribunal.
Pleadings
Motion to Stay Before Code Enforcement Board - Marion County v. Triana
Memorandum of Law in Support of Stay Before Code Enforcement Board - Marion County v. Triana
Motion to Stay Before Hearing Officer - Lipsky v. Broward Animal Care and Regulation Division
Memorandum of Law In Support of Stay Before Hearing Officer - Lipsky v. Broward Animal Care and Regulation Division
