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Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 99507
Experience:  Attorney
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There is acurrent pending appeal in the 3d District Court of

Customer Question

There is acurrent pending appeal in the 3d District Court of Appeals re the issue of title to the subject property. While it is pending a party started a UD case. The trial court refused a stay pending the outcome of the appeal. Also improperly rejected a 170.6 challenge. Can the UD judgment be appealed directly to the 3d District?
Submitted: 7 months ago.
Category: Landlord-Tenant
Expert:  Ely replied 7 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. The UD judgment must follow its normal interlocutory appellate procedure. Whether the Court of Appeal is the 3RD District depends on where the UD was filed.

However, one may have a better option. If the cases are related, one can file for a stay with the appellate court (3rd District) within the ownership case. Given that the eviction is based on disagreement of ownership on which the 3RD district is currently considering, the Court may agree.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 7 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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