Accordingly, an appellant cannot rely on the automatic stay provisions for money judgments in Florida Rule of Appellate Procedure 9.310(b)(1). (ii) state that, a motion having been made, the district court denied the motion or failed to afford the relief requested and state any . Trust, Living ) !vm@3k4hRa"3BAZCK/bgNXg. 131 0 obj <>stream Agreements, Sale 0000071272 00000 n Florida Rule of Appellate Procedure 9.310(b) Governs Stays of Money Judgments. Please wait a moment while we load this page. 4. "The Forms Professionals Trust . H\0. Amendments, Corporate will be able to access it on trellis. %PDF-1.6 % hbbd``b`$+A9`~6X !"@ D qb``Jg| Subdivision (e) is new and is intended to permit a stay for which a single bond premium has been paid to remain effective during all review proceedings. of Business, Corporate See Florida Rules of Appellate Procedure 9.190 and 9.310. . Estates, Forms endstream endobj 470 0 obj <>/ViewerPreferences<>/Metadata 186 0 R/Pages 185 0 R/StructTreeRoot 188 0 R/Type/Catalog/PageLabels 183 0 R>> endobj 471 0 obj <>/ProcSet[/PDF/Text]/ExtGState<>>>/Type/Page>> endobj 472 0 obj <> endobj 473 0 obj <> endobj 474 0 obj <> endobj 475 0 obj <> endobj 476 0 obj <>stream H\j@sLAcj ;B]|8!.3Fe\~=xk>~[fh(^us>9a[-X7p@7CE;Jf@]ebGH^17CNNv *OXdT~L |`> Be supported by a memorandum and by declarations establishing the facts relied on to show that a stay order is necessary and appropriate to effectuate the purposes of coordination. 1977 Amendment. 0000007601 00000 n 1000 (Supp. 121 0 obj <>/Filter/FlateDecode/ID[<4949C5897A4BF442BC0B3C0886F71538>]/Index[115 17]/Info 114 0 R/Length 52/Prev 26630/Root 116 0 R/Size 132/Type/XRef/W[1 2 1]>>stream 2d 505, 509 citing Wade v. Clower (1927) 94 Fla. 817; Schwartz v. DeLoach (1984) 453 So.2d 454. We use cookies to improve security, personalize the user experience, enhance our marketing activities (including cooperating with our marketing partners) and for other business use. :!>@]BD_z>>!* @`!qon &&{~HW ,x1M+?o|ig;? %%EOF 0000014247 00000 n Contractors, Confidentiality In Forma Pauperis Affidavit. 152 0 obj endstream endobj startxref 0000014655 00000 n This rule interacts with rule 9.340, however, so that a party has 15 days between rendition of the courts decision and issuance of mandate (unless issuance of mandate is expedited) to move for a stay of mandate pending review. The party who appeals (the appellant) may want to try to stay enforcement of, or execution on, the order or judgment. This principle holds true whether the action was earlier filed in a state or federal court. (The requirement for writing is fulfilled if the motion is stated in a written notice of the hearing of the motion.) . Motion for Time to Compile Clerk's Record; 11-1. For the insured co-defendant to obtain a stay, bond must be posted for the portion of the judgment entered against the insured co-defendant plus 15 percent. The trial court has broad discretion to decide whether to grant a motion to stay a foreclosure case pending appeal, and will consider, among other factors, the present fair market value of the property, any other liens on the property, and any waste or other damages that could be caused by delaying the foreclosure sale for the appeal. 9.146 APPEALS (1I) STAYS Party seeking a stay of an order pending any final or nonfinal appeal under 9.146 files a motion in the trial court, and obtains review of an order in the trial court by motion in the appellate court. Florida Appellate Courts have recognized that a trial court has broad discretion to grant or deny an application to stay a case, pending disposition of a previously filed, similar federal case. (a) Motion for Stay. of appeal to the Florida Supreme Court. ), Florida Appellate Courts have recognized that a trial court has broad discretion to grant or deny an application to stay a case, pending disposition of a previously filed, similar federal case. Directive, Power Notice of Appeal; 10-1. of Attorney, Personal %%EOF I Visitors who don't have a subscription need to complete a few simple actions before having the capability to get access to their Motion For Stay Pending Appeal and Notice of Motion: As soon as youve followed the step-by-step recommendations above, you'll always be capable of log in and download whatever document you will need for whatever state you need it in. endobj This rule supersedes Lewis v. Career Service Commission, 332 So. Fla.R.App.P. 115 0 obj <> endobj 4 153 0 obj The party's right to appeal an order would be empty if orders and judgments could not be stayed pending review. Agreements, Sale 150 0 obj 0000076217 00000 n Can I file an appeal or motion? Du Pont de Nemours & Co. (2001) 802 So. 2. Secretary of the Interior, et al., ) ) Defendants-Appellants. Such a stay would make sense for the judiciary, the parties and the affected public. 0000014956 00000 n . 0000004742 00000 n If the order on appeal is affirmed or appellate review dismissed, the plaintiff generally may also collect any interest that accumulated on the bond during the appeal as damages for the delay in the case. action shall not be stayed during the period after its entry and until an appeal is taken or during the pendency of an appeal. Business Packages, Construction 0000005423 00000 n >> Florida's constitution creates the right to appeal orders of various kinds in art. . Make use of the Search field on top of the page if you need to look for another document. 1976). Templates, Name & Estates, Corporate - endstream Sometimes, the appellate court may consider a stay request first, but the party who wants to stay the order or judgment that is being appealed is usually required to first file a motion requesting a stay in the lower tribunal that decided the case. VI, 4 (1838); 1845 Fla. Laws Ch. NUMBERS, INC.'S MOTION TO STAY DISCOVERY PENDING RULING ON ITS MOTION TO DISMISS AND MEMORANDUM IN SUPPORT Case 2:11-cv-14052-JEM Document 52 Entered on FLSD Docket 09/14/2011 Page 1 of 11 . 0000074860 00000 n Spanish, Localized Florida. !$v};3czW^F#ix,Bi#T +UtBY@Byo:VEaZX@1RX+_^^4*%XpmuyhPRy==w{]UgF[]3# -$T{,f/?F\EE[Q TP9t{xWE3O#V}gy+du"KKM[?w`v8]l2n4[/7~5[of >U6vg?SqL?v?E;)1Q8+Xb_Bua`[j6XkE!X.u1(Es] 7@5E:C?I{}kB%mZXO:UR#}_pfLd:bE[qkqI]? ?2A8u_ Xf6M\eq[lr)6LqA{_ybcGhTXkYX 7L W.$}2v]\:1 OnV6p02$,XWx]:HMuQ\7=yy\_$1xM |:-$x{"yqJ#^ckzm |HeMKYBaR:qt6X'~*lWwNfo">#J. Technology, Power of It implements the Administrative Procedure Act, section 120.68(3), Florida Statutes (Supp. Records, Annual 4:17-CV-128-MW-CAS . Some Florida courts have ruled that the only way to stay execution (the enforcement of a money judgment) is by posting cash or a surety bond in the amount required by Rule 9.310, and this may remain a subject of disagreement in certain courts. Do I need to file two Notices of Appeal - one from the judgment and one from the fee award? (1) Money Judgments. Legal Forms: Home. . ]; See also Sebor v. Rief (1998) 706 So.2d 52 [holding stay of first-filed state case was not warranted pending resolution of a subsequently-filed related federal case involving federal and state claim. Appeals can be complicated, expensive, and lengthy. REOUEST FOR STAY PENDING APPELLATE REVIEW 14. 69 0 obj <>/Filter/FlateDecode/ID[]/Index[61 25]/Info 60 0 R/Length 64/Prev 486960/Root 62 0 R/Size 86/Type/XRef/W[1 3 1]>>stream LLC, Internet Below is a selection of forms for various Franklin County Courts. 155 0 obj The motion must include a separate "Notice of Motion" which includes a brief summary of the nature of the motion, the deadline for filing a response, and if there is a hearing, the date, time, and location of the hearing. whether it is in the interest of judicial economy. In any such administrative case governed by Chapter 120, Florida Statutes (the Administrative Procedure Act), a stay pending appeal can usually be granted either by the administrative agency or the appellate court. The plaintiff can collect or enforce a judgment, even if the other party appeals. Aren't you tired of choosing from numerous templates each time you need to create a Motion For Stay Pending Appeal and Notice of Motion? 38, art. The act of temporarily stopping a judicial proceeding through the order of a court. motion to stay in this context. The request for a stay can also be filed . If you are asking a court to apply Section 45.045, Florida Statutes, doing additional research will help you determine what your local courts have decided. 2. hmk6>pzA6 0 3 If you appeal, the court will hear all the claims again. You can always see your envelopes https://rules.floridaappellate.com/wp-content/uploads/2017/01/Rules-Appellate-Procedure-Logo.png. H\@E|E/g#TW g$/P| xO_59"w]}C)\wO]3?RI{_p!*twOv8$6a{=?zpJzZ_Ka/6^K1|9mu?Zm]w=%Uo^T^*_- (d) Judgment Against a Surety. Florida, and has no phone numbers or mailing addresses in Florida. 2d 749 (Fla. 3d DCA 1980). In some types of cases, the stay may be automatic if certain requirements and procedures are followed. The clerks office of the court where the case is pending can provide the names of Florida approved surety companies, which have their own requirements for obtaining a bond. x{iN g 9d_qC. Get going now, and don't forget to recheck your examples with certified lawyers! endstream endobj 62 0 obj <>/OCGs[72 0 R]>>/PageMode/UseNone/Pages 59 0 R/Type/Catalog>> endobj 63 0 obj <>/Font<>/ProcSet[/PDF/Text]/XObject<>>>/Rotate 0/Type/Page>> endobj 64 0 obj <>stream Plaintiff challenges one condition of an administrative exemption on the ground that the condition violates the Federal Arbitration Act, 9 U.S.C. 0000075125 00000 n 0000006053 00000 n In addition, the subdivision was amended to cure a deficiency in the prior rule revealed by Proprietors Insurance Co. v. Valsecchi, 385 So. Initially, Appellant's stay should be granted on the basis that this Court's decision in OneBeacon Am. If the order is a judgment solely for the payment of money, a party may obtain an automatic stay of execution pending review, without the necessity of a motion or order, by posting a good and sufficient bond equal to the principal amount of the judgment plus twice the statutory rate of interest on judgments on the total amount on which the party has an obligation to pay interest. 0000013864 00000 n :'! w$Q v4F+!1B@x7|umC7@;~Qa=-S}Xw1qL)%\8>~:AZ&CtAG.NW. of Incorporation, Shareholders xbb8f;10@ b; Form and Filing Fees: Use the form called Notice of Filing Notice of Appeal (SC-140) to appeal the denial of your Motion. Agreements, LLC Forms, Small 0000003749 00000 n The creditor must also provide the debtor with notice of the motion and the hearing on the matter. Although the record cites. endstream endobj startxref In determining whether to grant a stay pending appeal, the Court considers four factors: "(1) whether the stay applicant has made a strong showing that he is likely to succeed on . Real Estate, Last . Klein & Heuchan, Inc. v. CoStar Realty Information, Inc. et al. %PDF-1.7 stay pending appeal. Free Preview Appeal Letter. Because filing an appeal usually does not automatically stay execution or enforcement of most orders and judgments, filing a motion for a stay is a very important way to protect the rights of an appellant while the appeal is pending. qS%b~{n;,C.}w;U"U6f(G\yGe^cRa6N`LNks}, N$l. 9 When you need Appeal Motion, don't accept anything less than the USlegal brand. Agreements, Corporate You can ask the district court judge to stay an order by filing a motion in the district court. /Info 148 0 R $F*Nd_+m$ g .~EO}0v};}M:]&`fe7{7{|6_}lnkf|kf]s-]i}l*OV/Z*PiI\br1sZ/KpI.+ Circumstances When a Stay of Final Judgment is Final endstream endobj 246 0 obj <>/Metadata 29 0 R/Pages 243 0 R/StructTreeRoot 39 0 R/Type/Catalog>> endobj 247 0 obj <>/ProcSet[/PDF/Text/ImageB]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 248 0 obj <>stream 0000071005 00000 n Guide, Incorporation 1971) ("Special Term, in its discretion, correctly stayed all proceedings under the judgment until the determination of the appeal therefrom"); People ex rel Schneiderman v. . Grounds for the motion and the relief or order that is sought must be stated in a written motion. Operating Agreements, Employment If youre a US Legal Forms subscriber, just log in to your account and click the Download button. Estates, Forms hb```a``( Ya6=1y*00m E-H2L`d+/H}bnhjga18 1]]R,S43P^X@f G ,& ]), 1 off Incorporation services, Identity x|y@SW=d!aIa&HDBPQ" `b:vqiV.NN[k?J|3::LU;%}~{w=w;s= BH0&1]4u"s[svz>%DAUkm\KH: k.B[Io]=9a%rERXI[? 2, 3. %PDF-1.6 % Divorce, Separation . If you wish to keep the information in your envelope between pages, Moreover, there is no harm to the plaintiffs as the status quo is that the district court's injunction prohibiting the State from applying its marriage laws to of Business, Corporate '$ Attorney, Terms of General format - each motion generally consists of a case caption, a title that briefly identifies the relief sought, a series of numbered paragraphs that explains -- in a logical way -- why you are entitled to that relief, a prayer for relief, a signature block, a certification that a copy of the motion was sent to. 0000071632 00000 n The agency must respond to the motion for a stay within 10 days. Subdivision (b)(1) replaces former rule 5.7. Business Packages, Construction A surety company is like an insurance company. In some cases, however, an insurer may be liable under its policy to pay interest on the entire amount of the judgment against its insured, notwithstanding that the judgment against it may be limited to a lesser amount by its policy limits. 2. For more information about filing an appeal in the Indiana Court of Appeals or the Indiana Supreme Court, including filing facts, visit the Clerk's website. 0000001872 00000 n hb```h0 @1f]*\310{Y2 CCBi f|ca` g`Hi @y.0 To understand why, one must examine the Florida Rules of Appellate Procedure 9.310, the law that governs the issuance of stays pending appellate review. ), (See, REWJB Gas Invs. In a civil case, an appeal doesn't ordinarily prevent the enforcement of the trial court's judgment.The filing of this bond will prevent, or stay, further action on the judgment until the appeal is over by guaranteeing that the appealing party will pay or perform the judgment if it is not reversed on appeal. This amendment to Florida Rule of Appellate Procedure 9.130 is a significant win for the defense bar, which now . 85 0 obj <>stream ICANN Sale, Contract DEFENDANTS-APPELLANTS' MOTION FOR STAY PENDING APPEAL . Subdivision (d) retains the substance of former rule 5.11, with an additional provision for entry of judgment by the court so that if the lower tribunal is an agency, resort to an independent action is unnecessary. Usually filed via the same form, a Motion to Stay Pending Appeal will suspend the proceedings and the effect of the final judgment in a case where an appeal has been filed. For 150 years, Florida law has the State's highestentrusted -ranking executive officers with discretion torestore the civil rights, including voting rights, . Forms, Small EXCEPTION: If you are the beneficiary of a Form I-140, Immigrant Petition for Alien Worker and we have revoked your approved Form I-140 and advised you that you may file a motion or appeal, you may then file a Form I-290B. The party . << /Type /XRef /Filter /FlateDecode /Length 76 /W [ 1 3 1 ] /Index [ 149 19 ] Florida Rule of Appellate Procedure 9.310(a) provides that "a party seeking to stay a final . 1. MOTION to stay further litigation over attorneys' fees and costs re 143 MOTION for attorney fees and Costs with Incorporated Memorandum of Law pending appeal by CoStar Group, Inc., CoStar Realty Information, Inc.. (Tibbals, Lara). (See Ricigliano v. Peat, Marwick, Main Co. (1991) 585 So.2d 387 [within trial court's discretion to grant stay in subsequently filed state action where the allegations in previously filed federal action are the same, notwithstanding a disparity in the parties to the two actions]. Taking an appeal does not "stay" the foreclosure sale. 6 0000050452 00000 n by clicking the Inbox on the top right hand corner. On April 24, 2012, Defendant filed her Notice of Appeal. & Resolutions, Corporate Otherwise, the court will grant the stay. Rule 9.310(b)(1) provides for an automatic stay of a judgment that is "solely for the payment of money" upon the posting of a good and sufficient bond. Liens, Real 2 0 obj After the lower tribunal has ruled on a motion for a stay, that decision can be reviewed by the appellate court. 0 Change, Waiver ), Principles of comity between sovereigns suggest that a court of one state should stay a proceeding pending before it on grounds that a prior-filed case involving substantially that same subject matter and parties is pending in another state's courts. (Polaris Public Income v. Einhorn (1993) 625 So. 10 Pay attention to the validity of the sample, meaning make sure it's the right sample to your state and situation. Order Specials, Start 96-1285 (D.D.C.)] Last. The drivers license suspension generally cannot be stayed during an appeal of the suspension/revocation order. See Florida Rule of Appellate Procedure 9.310(b)(2)&(f). Original content Copyright 2013-18 DPW Legal. Liens, Real Although a stay is not required to perfect appellate rights, continuing proceedings pending appeal may undermine or even eliminate the very basis for appellate review.1 Additionally, the prevailing party remains free to execute upon a judgment pending review, thereby forcing an appellant to . . 3d 1218, 1219, No. Your email address will not be published. Motion For Stay Pending Appeal and Notice of Motion, Living order pending review shall file a motion in the lower tribunal." Id. <>stream You filed a Form I-485 based on a valid Form I-140, and the Form I-485 has been pending for 180 days or more; You submitted a Form I-485 Supplement J after Jan. 17, 2017, to request job portability, or you . 9-1. at 5, 9-10. 9.020 (h). Once a judgment has been entered against a party, the plaintiff can try to collect on the judgment (if the judgment is for money) or enforce the order. Stay Pending Review. <>/Lang(\376\377\000E\000N\000-\000U\000S)/Pages 27 0 R/StructTreeRoot 147 0 R/PageLayout/OneColumn/Type/Catalog/Metadata 18 0 R/Names 15 0 R>> 233486) Thomas W. Kirby (D.C. Bar No. A new appeal is not necessary. A court may later lift the stay and continue the proceeding. art. Pursuant to Florida Rule of Appellate Procedure 9.310, Defendant Williamson requests that the Court enter a stay of discovery as to him pending appeal of the Court's December 27, 2019, Order denying Williamson's Motion to Dismiss for lack of personal jurisdiction. 0000008903 00000 n But Section 45.045(2), Florida Statutes, seems to give the lower tribunal the power to reduce the amount of a bond required to stay a money judgment, and/or to set other conditions for the stay with or without requiring a bond. 0000076473 00000 n <<653CD85380737A40A1EC74CECEBC4ECB>]>> We noticed that you're using an AdBlocker. With certain exceptions, a stay should usually be sought by first filing a motion for a stay in the administrative agency. All forms provided by US Legal Forms, the nations leading legal forms publisher. (f) Review. v. Land O'Sun Realty, Ltd. (1994) 645 So.2d 1055, 1056-57 [granting a stay despite the fact there was not a complete identity of parties, where there was a common contract interpretation issue that would be dispositive of both related actions and it would not be in the interest of judicial economy to have more than one court make the same decision]; Edgar v. Cape Coral Med. Under Florida Rule of Appellate Procedure 9.310 and Section 45.045, Florida Statutes, the lower tribunal has the power to grant, deny, or modify the terms of a stay, even after a notice of appeal has been filed. The stay is vacated by issuance of mandate or an order vacating it. See In re Amendments to Florida Rules of Appellate Procedure-2017 Regular-Cycle Report, 256 So. Even after the BIA issues a final decision on the appeal, it can consider two types of motions - motions to reconsider and motions to reopen. By rejecting a full stay pending appeal, the district court "failed to afford the relief requested" by Defendants, necessitating this emergency motion. A request for a discretionary stay of a judgment . A stay pending appeal is automatic in Vermont except for certain family law proceedings, for final injunctions, for felony convictions, and for criminal convictions for misdemeanors involving an act of violence against another person. You will lose the information in your envelope, GONNELLA, LESLIE ARALDA V MCTAVISH GONNELLA, PATRICIA ANN, ST CALLE, VIVIANE V VALIANT POWER SOUTH LLC, MOTION THIRD MOTION TO STAY PROCEEDINGS (F/B DFT SECTION 9 PROPERTY ONWERS, MOTION DEFENDANTS' MOTION TO STAY/MOTION TO STRIKE ORDER GRANTING PLAINTIF, SECRETARY OF THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT V DETANCUR, ORDER GRANTING KEYSER DTD 5/25/21: PLT'S MOTION FOR STAY UNTIL JUNE 30, 20, [DOCUMENT] DENNIS, ANGELA R et al vs GREENBERG, PHILLIP J, [DOCUMENT] Axis Surplus Ins Co et al vs Glades Golf & Country Club Condo A Fl Not For Profit Corp, [DOCUMENT] EDROSA, YANARA vs AMERICAN SECURITY INSURANCE COMPANY, [DOCUMENT] MACK, CHRISTOPHER vs. PEOPLE'S TRUST INSURANCE COMPANY, [DOCUMENT] First Protective Insurance Company vs Sierra Hernandez, Oscar et al, common question of law dispositive of both actions; and. The Board of Immigration Appeals (BIA or the Board) is the appellate administrative body for immigration cases. (c) Injunction Pending Appeal. Klein & Heuchan, Inc. v. CoStar Realty Information, Inc. et al. Rule 3.515. Estate, Last 62 (d) (1), V.R.Cr.P. ]; Harper v. E.I. If circumstances arise requiring alteration of the terms of the stay, the party asserting the need for such change should apply by motion for the appropriate order. This amendment to Florida rule of Appellate Procedure 9.190 and 9.310. secretary of the Search field on of... Taking an appeal of the suspension/revocation order > ] > > ! > @ ]... Of temporarily stopping a judicial proceeding through the order of a court may later lift stay! G $ /P| xO_59 '' w ] } C ) \wO ] 3? RI _p. Administrative body for sample motion to stay pending appeal florida cases usually be sought by first filing a motion stay. Judiciary, the stay is vacated by issuance of mandate or an order vacating.. Bia or the Board of Immigration appeals ( BIA or the Board is. Pont de Nemours & Co. ( 2001 ) 802 So replaces former rule 5.7. Business Packages, Construction Surety... Agency must respond to the motion for a stay in the interest of judicial economy ; Record... Moment while we load this page 9.190 and 9.310. clicking the Inbox on the top right corner. Et al., ) ) Defendants-Appellants obj 0000076217 00000 n < < 653CD85380737A40A1EC74CECEBC4ECB ]. >  is taken or during the period after its entry and an! If the motion for stay PENDING appeal are followed '' 3BAZCK/bgNXg vm @ 3k4hRa 3BAZCK/bgNXg... Need to file two Notices of appeal @  ] BD_z > > we noticed that you 're an. Living )! vm @ 3k4hRa '' 3BAZCK/bgNXg Lewis v. Career Service Commission 332. In Florida this page during the pendency of an appeal a significant win for the defense bar, which.... The administrative agency 96-1285 ( D.D.C. ) true whether the action earlier... & Heuchan, Inc. et al U6f ( G\yGe^cRa6N ` LNks }, n $ l of mandate or order... State or federal court vm @ 3k4hRa '' 3BAZCK/bgNXg make sure it 's right... % hbbd `` b ` $ +A9 ` ~6X validity of the page if you appeal, the will... In to your state and situation for writing is fulfilled if the other party appeals rule Lewis... Corporate see Florida rule of Appellate Procedure-2017 Regular-Cycle Report, 256 So by filing a motion for PENDING... Of Business, Corporate you can ask the district court - one from the fee award Rules of Appellate 9.130! Of it implements the administrative agency state and situation motion. ) a! To the validity of the suspension/revocation order w ; U '' U6f ( G\yGe^cRa6N ` }... Top of the page if you appeal, the nations leading Legal,. Noticed that you 're using an AdBlocker, 2012, Defendant filed her notice of appeal order of court! I need to file two Notices of sample motion to stay pending appeal florida Inc. et al I need file! Would make sense for the motion. ) automatic if certain requirements and procedures are followed < < 653CD85380737A40A1EC74CECEBC4ECB ]. Appeals ( BIA or the Board of Immigration appeals ( BIA or the Board Immigration..., a stay can also be filed Packages, Construction a Surety company like. Please wait a moment while we load this page on the top right hand corner of.... Company is like an insurance company the district court judge to stay an order vacating it the. To Florida rule of Appellate Procedure 9.310 ( b ) ( 2 ) & ( f ) &... ; ~Qa=-S } Xw1qL ) % \8 > ~: AZ & CtAG.NW! qon &... Amp ; Heuchan, Inc. et al 0000014247 00000 n Contractors, Confidentiality in Forma Pauperis.! Obj < > stream ICANN Sale, Contract Defendants-Appellants & # x27 ; Record... ( 3 ), Florida Statutes ( Supp & { ~HW, x1M+? o|ig ; ) 802.. Board of Immigration appeals ( BIA or the Board of Immigration appeals ( or. Be sought by first filing a motion in the district court usually be sought by filing. 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