Legal Question in Appeals and Writs in Maryland

Stay of judgement

I filed a motion to stay warrant of resitution. Pending appeal of the circuit court. The motion was filed 8days after my motion for reconsideration was denied,along with the notice of appeal.The judge of the circuit court sent out an order affirming the lower court desion from which i appealed.This happen before my motion for reconsideration was filed. The other party took the order to the district court and executed the warrant 0n 04/06/05 my motion was filed in the courts on 04/08/05! I was sat out by the sheriff while i was at work.The rules of motion in maryland

allows 15days plus 3days if sent mail to answer a motion. I was told by the clerk that this rule of motion will not allow a judge to rule on any motion until the 15days. So my question is did the other party violated the rules of motion

by acting on the order before the courts ruled on my motion for stay?


Asked on 4/28/05, 8:46 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Stay of judgement

A motion to stay does not impose a stay. If the motion had not been ruled upon, there was no stay in place. You could have asked on an emergency basis for an order shortening the response time and expedited consideration, but apparently you did not do that.

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Answered on 4/28/05, 10:05 am


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