BEVERLY GRANGER,

                        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.

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ORDER DENYING RESPONDENTS’ EMERGENCY MOTION TO TERMINATE
AND/OR RECONSIDER ORDER GRANTING PETITIONER’S MOTION TO STAY

            THIS CAUSE came before the Court on the Respondents’, Carl M. Silagyi and Geraldine T. Silagyi (Silagyi), Emergency Motion to Terminate and/or Reconsider Order Granting Petitioner’s 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 Petitioner’s request for a stay.  See Fla. R. App. P. Rule 9.310(2001).  Although the Order Granting Petitioner’s 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 Respondents’ lawful use and enjoyment of their property.

            Therefore, it is

            ORDERED AND ADJUDGED that the Respondents’ Emergency Motion to Terminate and/or Reconsider Order Granting Petitioner’s Motion to Stay is hereby denied.  It is further

            ORDERED AND ADJUDGED that the Order Granting Petitioner’s 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.

Copies Furnished To:

William H. Walker, Esquire

Andrew J. Salzman, Esquire

Darryl R. Richards, Esquire