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    Emergency Motion For Stay Pending Appeal

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    winstons2311
    The defendant, Tamara S. Correa, filed an emergency motion for a stay pending appeal in her foreclosure case. She argues that a stay of the foreclosure sale scheduled for June 29, 2012 should be granted because she has filed an appeal in the Second District Court of Appeal and has strong arguments that she will prevail on appeal. Specifically, the plaintiff failed to prove key elements of the foreclosure case such as filing or introducing the original note into evidence or proving the terms of the note. Granting a stay would not harm the plaintiff but denying it could allow the foreclosure sale to proceed even if the defendant prevails on appeal.

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    Emergency Motion For Stay Pending Appeal

    Uploaded by

    winstons2311
    3K views2 pages
    The defendant, Tamara S. Correa, filed an emergency motion for a stay pending appeal in her foreclosure case. She argues that a stay of the foreclosure sale scheduled for June 29, 2012 should be granted because she has filed an appeal in the Second District Court of Appeal and has strong arguments that she will prevail on appeal. Specifically, the plaintiff failed to prove key elements of the foreclosure case such as filing or introducing the original note into evidence or proving the terms of the note. Granting a stay would not harm the plaintiff but denying it could allow the foreclosure sale to proceed even if the defendant prevails on appeal.

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    Emergency Motion for Stay Pending Appeal

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    The defendant, Tamara S. Correa, filed an emergency motion for a stay pending appeal in her foreclosure case. She argues that a stay of the foreclosure sale scheduled for June 29, 2012 should be granted because she has filed an appeal in the Second District Court of Appeal and has strong arguments that she will prevail on appeal. Specifically, the plaintiff failed to prove key elements of the foreclosure case such as filing or introducing the original note into evidence or proving the terms of the note. Granting a stay would not harm the plaintiff but denying it could allow the foreclosure sale to proceed even if the defendant prevails on appeal.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    3K views2 pages

    Emergency Motion For Stay Pending Appeal

    Uploaded by

    winstons2311
    The defendant, Tamara S. Correa, filed an emergency motion for a stay pending appeal in her foreclosure case. She argues that a stay of the foreclosure sale scheduled for June 29, 2012 should be granted because she has filed an appeal in the Second District Court of Appeal and has strong arguments that she will prevail on appeal. Specifically, the plaintiff failed to prove key elements of the foreclosure case such as filing or introducing the original note into evidence or proving the terms of the note. Granting a stay would not harm the plaintiff but denying it could allow the foreclosure sale to proceed even if the defendant prevails on appeal.

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    of 2

    IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA U.S.

    BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR BAFC 2006-D, Plaintiff, Case No. 07-CA-014072 v General Civil Division K JIMMY CORREA, TAMARA S. CORREA, et al., Defendants. __________________________________________/ EMERGENCY MOTION FOR STAY PENDING APPEAL Defendant, TAMARA S. CORREA, by and through her undersigned counsel and pursuant to Fla.R.App.Pro. 9.310, moves this Court for an Order staying the foreclosure sale in this case pending her prosecution of her appeal in Case No. 2D12-2209, and would show: 1. On March 23, 2012, this Court entered its Final Judgment of Foreclosure. The

    sale date is scheduled for June 29, 2012. 2. On April 24, 2012, Defendant filed her Notice of Appeal. That appeal is now

    pending in the Second District, Case No. 2D12-2209. 3. 4. Under Rule 9.310, this Court has jurisdiction to issue a stay pending appeal. Attached is a rough draft of Defendants Initial Brief. Although the record cites

    are not contained therein (because the clerk has not yet prepared the record), so the brief is not yet finished, even as it now exists, this brief shows that Defendants chances of prevailing on appeal are overwhelming. Defendant wont belabor the point in this regard (as that is why the Initial Brief is attached), but, frankly, this may be the most meritorious appeal the undersigned has ever seen. 5. Again, Defendant sees no reason to re-state all of the arguments in the Initial

    Brief that is why the brief is attached. Suffice it to say Plaintiff never filed the Note (an original or a copy), did not introduce the Note into evidence at trial (an original or a copy), and did not prove the terms of the Note (via documents, testimony, or otherwise), but this Court reestablished the lost Note anyway. As the brief explains, Plaintiff failed to prove any of the other terms of the Note, either. 6. Additionally, the trial proceeded even though Defendant was given less than 30

    days notice, and even though this Court did not issue an Order setting the trial date. 7. For all of these reasons, the scheduled foreclosure sale should be stayed until this

    appeal is concluded. Respectfully, Defendant should not face a foreclosure on her home when her chances of prevailing on this appeal are so strong. 8. Conversely, there is no harm in granting the stay. If the appeal is denied, the

    foreclosure sale could simply be rescheduled at that time. WHEREFORE Defendant respectfully requests relief in accordance with the foregoing. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via U.S. Mail to Morris, Hardwick, Schneider, 5110 Eisenhower Blvd, Suite 120, Tampa, FL 33634 on this 4th day of May, 2012. ___________________________________ Mark P. Stopa, Esquire FBN: 550507 Philip J. Healy, Esquire FBN: 0071953 STOPA LAW FIRM 2202 N. Westshore Blvd. Suite 200 Tampa, FL 33607 Telephone: (727) 851-9551 ATTORNEY FOR DEFENDANT 2

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