ROBERT M. TROMBLEY, PETITIONER,
v.
FLORIDA REAL ESTATE COMMISSION, AN AGENCY OF THE STATE OF FLORIDA, AND W. WESLEY WALLACE, RESPONDENTS
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The court denied the petitioner's motion for a stay of the Florida Real Estate Commission's suspension order, holding that the petitioner must first apply to the agency itself for a supersedeas bond before seeking relief from the appellate court.
A party seeking to stay a final agency order must first apply to the agency for a supersedeas bond before applying to the reviewing court.
[1] A party seeking to stay a final agency order must first apply to the agency for a supersedeas bond before applying to the reviewing court.
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Join FLexlaw to unlock all legal intelligenceTrombley's registration was suspended for one year by the Florida Real Estate Commission, and he sought a stay of that order pending appeal.…
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DOWNEY, Judge.
ON MOTION FOR STAY
Pursuant to the authority contained in Section 120.68(3), Florida Statutes (1975), the petitioner has requested this court, pending appeal, to stay the final order of the respondent which suspended the petitioner’s Registration for a period of one year. The statute authorizes either the respondent or this court to enter such a stay. Fla.App. Rule 5.5 provides that a party seeking to supersede a final decision, judgment, order or decree shall apply to the lower court for an order fixing the amount, terms and conditions of a supersedeas bond.
Generally the district courts of appeal have required one seeking to stay a final agency order to first apply to the agency for a supersedeas before applying to the reviewing court. See Ziers v. Purdy, 324 So. 2d 132 (Fla.3d DCA 1975); Panama City v. The Florida Public Employees Relations Commission, 333 So. 2d 470 (Fla.1st DCA 1976). We believe this to be the better procedure because the agency is in a better position to determine, at least initially, whether its final order should be superseded and, if so, the terms and conditions of the bond.
Accordingly, the motion for an order setting supersedeas and staying the final order under review is denied without prejudice to petitioner’s applying to the respondent for a stay order. ALDERMAN, C. J., and DOWNEY and LETTS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Mitchell v. Leon Cnty. Sch. Bd., 591 So. 2d 1032 (Fla. 1st DCA 1991)…a case name, are inapplicable here. . Mitchell applied to this court for a stay which was denied by unpublished order. Such motions should be first directed to the lower tribu [*1034] nal. Fla.R.App.P. 9.310(a); Trombley v. Fla. Real Estate Comm'n, 356 So. 2d 813 (Fla. 4th DCA 1977).…
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MSQ Props. v. Fla. Dep't OF Health & Rehabilitative Servs., 626 So. 2d 292 (Fla. 1st DCA 1993)…ns should be required before an order is stayed and, if so, the amount of -the bond or the nature of the conditions. These determinations may require fact finding which is not a function of this court. See Trombley v. Florida Real Estate Commission, 356 So. 2d 813 (Fla. 4th DCA 1977). For the reasons described above, the appellant’s motion for stay is denied without prejudice to its right to apply to HRS for that relief. ZEHMER, C.J., and JOANOS and WEBSTER, JJ., concur. . The motion was previously denied…
Authorities Cited
- Panama City v. The Fla. Pub. Emps. Relations Comm'n, 333 So. 2d 470 (Fla. 1st DCA 1976)
- Ziers v. Purdy, 324 So. 2d 132 (Fla. 3d DCA 1975)