JENKINS TRUCKING, INC., A FLORIDA CORPORATION, PETITIONER,
v.
CLARENCE R. EMMONS, RESPONDENT
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The Florida Supreme Court denied a motion for a stay order, construing a District Court of Appeal's decision to mean a denial of the automatic stay provided by Rule 4.5, subd. c(6), F.A.R. This rule typically grants an automatic stay upon filing a petition for certiorari within 15 days, unless good cause is shown otherwise.
Yes, the Florida Supreme Court construed the District Court of Appeal's decision as a denial of the automatic stay. Therefore, Jenkins Trucking's motion for a stay order in the Supreme Court was denied.
“Rule 4.5, subd. c(6), F.A.R., 32 F.S.A. provides that a petition for certiorari filed in this Court within 15 days shall operate as an automatic stay of further proceedings in the District Court and the trial court unless the District Court shall otherwise direct for good cause shown.”
This quote establishes the rule governing automatic stays upon filing a petition for certiorari.
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Join FLexlaw to unlock all legal intelligenceJenkins Trucking, Inc. filed a petition for certiorari and a motion for a stay order. The District Court of Appeal had previously quashed a supersedea…
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Rule 4.5, subd. c(6), F.A.R., 32 F.S.A. provides that a petition for certiorari filed in this Court within 15 days shall operate as an automatic stay of further proceedings in the District Court and the trial court unless the District Court shall otherwise direct for good cause shown. The decision of the District Court of Appeal filed February 13, 1968, 207 So.2d 280, herein quashing the provisions of the supersedeas order of January 25, 1968, as amended by the order of January 30, 1968 which in *279effect granted supersedeas without bond for 110 days from the filing of the notice of appeal, we construe to be a denial of the automatic stay provided for in the foregoing rule. Whereupon,
It is ordered that the motion for stay order filed in this Court February 16, 1968 by Jenkins Trucking, Inc. is hereby denied.
It is ordered.
ROBERTS, Acting C. J. and DREW, THORNAL, ERVIN and ADAMS, JJ., concur.