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Wisconsin
Related: About this forumVan Hollen's chances for a stay while appealing Act 10?
Longshot or standard procedure? Anyone have an educated guess?
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Van Hollen's chances for a stay while appealing Act 10? (Original Post)
charmay
Sep 2012
OP
I don't know. The attorney working on behalf of the teacher's union-Lester Pines
midnight
Sep 2012
#1
midnight
(26,624 posts)1. I don't know. The attorney working on behalf of the teacher's union-Lester Pines
said that the paper will be flying...
ewagner
(18,964 posts)2. Here's what the statutes say...
808.07 Relief pending appeal. (1) EFFECT OF APPEAL. An
appeal does not stay the execution or enforcement of the judgment
or order appealed from except as provided in this section or as
otherwise expressly provided by law.
(2) AUTHORITY OF A COURT TO GRANT RELIEF PENDING APPEAL.
(a) During the pendency of an appeal, a trial court or an appellate
court may:
1. Stay execution or enforcement of a judgment or order;
2. Suspend, modify, restore or grant an injunction; or
3. Make any order appropriate to preserve the existing state
of affairs or the effectiveness of the judgment subsequently to be
entered.
(am) During the pendency of an appeal, the trial court may hear
and determine a motion filed under s. 806.07.
(b) Except as provided in s. 655.27 (5) (a) 3., relief under this
subsection may be conditioned upon the filing of an undertaking
in the trial court.
The Statutes also allow for the Appellate Court to "punt" and push the case to the State Supreme Court or, the State Supreme Court and "reach out" and assume jurisdiction of the case...
appeal does not stay the execution or enforcement of the judgment
or order appealed from except as provided in this section or as
otherwise expressly provided by law.
(2) AUTHORITY OF A COURT TO GRANT RELIEF PENDING APPEAL.
(a) During the pendency of an appeal, a trial court or an appellate
court may:
1. Stay execution or enforcement of a judgment or order;
2. Suspend, modify, restore or grant an injunction; or
3. Make any order appropriate to preserve the existing state
of affairs or the effectiveness of the judgment subsequently to be
entered.
(am) During the pendency of an appeal, the trial court may hear
and determine a motion filed under s. 806.07.
(b) Except as provided in s. 655.27 (5) (a) 3., relief under this
subsection may be conditioned upon the filing of an undertaking
in the trial court.
The Statutes also allow for the Appellate Court to "punt" and push the case to the State Supreme Court or, the State Supreme Court and "reach out" and assume jurisdiction of the case...
charmay
(525 posts)3. Probably a long shot for the stay to be refused, but I'm trying to be optimistic.