OKSANA SEPICH, APPELLANT,
v.
ARIS PAPADOPOULOS, APPELLEE
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A former wife appeals a contempt order requiring her to vacate her ex-husband's Atlanta home and pay a $500 daily fine. The appellate court affirmed the contempt finding and the order to vacate, but voided the daily fine imposed during the pendency of the appeal due to a stay it had previously issued.
The contempt order is affirmed and Sepich must vacate the Atlanta home. However, the $500 daily fine is voided as to any amount accrued during the period the appellate court's stay was in effect, as the stay preserved the status quo and suspended the enforcement of the contempt order and associated penalties.
[1] A stay order issued by an appellate court remains in effect until the appellate court's mandate is issued.
[2] An appellate court has the authority to issue a stay to preserve the status quo during an appellate proceeding.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“We conclude that the fine imposed days earlier, in the December 11, 2013 contempt order, was likewise stayed as a result of our January 7, 2014 stay order.”
Establishes that the appellate stay suspended enforcement of the fine imposed in the contempt order
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Join FLexlaw to unlock all legal intelligenceOksana Sepich and Aris Papadopoulos were divorced. A June 28, 2013 final judgment determined that an Atlanta, Georgia residence was the separate and s…
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The former wife, Oksana Sepich,1 appeals from a December 11, 2013 order finding her in contempt for failing to vacate her former husband Aris Papadopou-*157los’s Atlanta, Georgia home, and ordering her to pay a fine of $500 a day until she vacates that home.2 In Case 3D13-2008, Sepich appealed two earlier orders determining that the Atlanta home was the former husband’s property.3 In that appeal, Sepich filed an emergency motion in this court to review denial of a stay which she had sought below. On January 7, 2014, we granted her motion and stayed all proceedings pending further order of this court.4 We conclude that the fine imposed days earlier, in the December 11, 2013 contempt order, was likewise stayed as a result of our January 7, 2014 stay order.5
This court has now affirmed the orders under review in Case 3D13-2008, and in this opinion we affirm the December 11, 2013 contempt order, except as to any fine imposed up to time of the resolution of this appeal. The case now disposed of, with the issuance of the mandate in this ease, the stay entered will no longer be in effect.
It is time for Sepich to vacate the Atlanta home.
Affirmed, except as to the $500 a day fine.6
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Citator
Authorities Cited
- Patterson v. State, 309 So. 2d 47 (Fla. 1st DCA 1975)
- Perez v. Perez, 769 So. 2d 389 (Fla. 3d DCA 1999)
- State ex rel. Lonnie Price v. Guyte P. McCORD, Jr., 380 So. 2d 1037 (Fla. 1980)