Is it possible to appeal judge decision to grant stay of execution another 40 days with paying some money?

Question

With default judgement, we had sheriff scheduled to lock out tenant next day, 30 days after I delivered the writ of possession to the sheriff office. But judge granted the tenant another 40 days with  deposit to the court last minutes. That means when 40 days up, i go to sheriff and sheriff backlog is another 30 days, essentially tenant gets another 30 days free rent. So I was wondering based on 30 days I have waited from the judgement to the time sheriff actually went to lockout, can I appeal high court to over turn the judge order and allow eviction move forward?

James L. Arrasmith · Answer

You have a complex situation regarding the stay of execution in your eviction case. While you have the right to appeal the judge's decision, it's important to understand that appeals courts generally defer to lower court judgments on discretionary matters like stays of execution. 
 
The time and cost involved in filing an appeal might outweigh any potential benefit, especially since the 40-day period would likely expire before the appeal could be heard. The appeals process itself can take several months, during which time the original stay period and sheriff's scheduling delay would have already passed. 
 
Your best course of action might be to focus on preparing for the lockout at the end of the current stay period. Consider filing your request with the sheriff's office well in advance to minimize additional delays. If you believe the tenant's deposit to the court was insufficient or improperly calculated, you could potentially file a motion for reconsideration with the original judge, which would typically be faster than an appeal. Remember to document all your expenses during this extended period, as you may be able to recover these costs through other legal remedies.

Q: Is it possible to appeal judge decision to grant stay of execution another 40 days with paying some money?