Q: Under what Jurddisction can a trial lawyer file a writ of possession against a tenant if the appeal is in the Court of A
Who will grant the writ if the Court of Appeals denied the motion against the plantiff/landlord attorney.. How can the trial attorney override the appeals court and obtain the writ against temant
A: If no Bond is filed by the appellant/tenant, and no stay is granted by the Appellate Court, then the Trial Court probably has a duty, and certainly the right, to issue the Writ of Possession upon being called upon to do so. The landlord might be sued for damages later if the tenant wins on appeal.
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