††††††††††† ††††††††††† Petitioner,
vs.††††††††††††††††††† ††††††††††††††††††††††† ††††††††††††††††††††††† ††††††††††††††††††††††† † †††††††††††Appeal No.01-0636-CI-88A
CITY OF INDIAN ROCKS BEACH, FLORIDA,
a Florida municipal corporation,
CARL M. SILAGYI and GERALDINE T. SILAGYI,
††††††††††† ††††††††††† Respondents.
††††††††††† THIS CAUSE came before the Court on the Respondentsí, Carl M. Silagyi and Geraldine T. Silagyi (Silagyi), Emergency Motion to Terminate and/or Reconsider Order Granting Petitionerís Motion to Stay.† Upon consideration of the same and being otherwise fully advised, the Motion is denied.†
††††††††††† Although the normal and preferred procedure is for the Petitioner to seek a stay in the lower tribunal, Rule 9.310, Florida Rules of Appellate Procedure, is not intended to limit the constitutional power of the court to issue a stay order after its jurisdiction has been invoked.† See Fla. R. App. P. Rule 9.310(2001), Committee Notes.† Further, this Court, sitting in its appellate capacity, has the authority to issue a stay for the purpose of preserving the status quo during these appellate proceedings.† See Perez v. Perez, 769 So.2d 389, 391 (Fla. 3d DCA 1999)(citations omitted).† This Court finds that the Petitioner did set forth sufficient grounds for the issuance of a stay by showing the likelihood of prevailing on appeal, as well as possible irreparable harm to the Petitioner if a stay were not granted.† See id; see also White Construction Company, Inc. v. State of Florida, Dept. of Transportation, 526 So.2d 998, 999 (Fla. 1st DCA 1988)(citations omitted).
††††††††††† Additionally, this Court finds, in its discretion, that the posting of a bond by the Petitioner is not warranted in this case nor required as a condition for granting the Petitionerís request for a stay.† See Fla. R. App. P. Rule 9.310(2001).† Although the Order Granting Petitionerís Motion to Stay, entered March 6, 2001, necessarily prohibits the use or execution of any permits obtained pursuant to Resolution No. 00-118 and Resolution No. 01-12, the Order does not otherwise preclude or restrict the Respondentsí lawful use and enjoyment of their property.
††††††††††† Therefore, it is
††††††††††† ORDERED AND ADJUDGED that the Respondentsí Emergency Motion to Terminate and/or Reconsider Order Granting Petitionerís Motion to Stay is hereby denied.† It is further
††††††††††† ORDERED AND ADJUDGED that the Order Granting Petitionerís Motion to Stay, entered March 6, 2001, is applicable to both Respondents, City of Indian Rocks Beach and Silagyi.
††††††††††† DONE AND ORDERED in Chambers, at Clearwater, Pinellas County, Florida this ________ day of March 2001.
W. DOUGLAS BAIRD
Copies Furnished To:
William H. Walker, Esquire
Andrew J. Salzman, Esquire
Darryl R. Richards, Esquire