Chapter 18-5 Stay of Action Pending Appeal

• Jurisdiction: Florida

18-5 Stay of Action Pending Appeal

Mortgagors who have final judgments of foreclosure entered against them frequently seek a stay of the foreclosure sale while the appeal is pending. It is important to mortgagors in particular to understand that filing a notice of appeal does not automatically stay the sale.⁵⁵ A motion must be made in the lower court which entered the judgment and ordered the sale.⁵⁶

The appellate rules grant jurisdiction to the trial court for the purpose of considering whether a stay is appropriate.⁵⁷ The lower court may also reserve jurisdiction (and usually does in the case of a final judgment of foreclosure) to adjudicate collateral issues relating to attorney fees and costs.⁵⁸ In considering whether to grant a stay, the trial court should consider what is necessary to protect the judgment...