KELLY MCFALL AND JOHN MCFALL
v.
DONALD A. WELSH
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A motion to stay a nonfinal order pending certiorari review is denied without prejudice where the trial court has not yet ruled on a parallel stay motion filed below.
[1] A motion to stay a nonfinal order pending certiorari review may be denied without prejudice where the trial court has a parallel stay motion under consideration and a pro…
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Join FLexlaw to unlock all legal intelligence“Because we anticipate a prompt ruling by the trial court, we deny the instant motion to stay, but do so without prejudice to the McFalls filing a subsequent motion, if necessary, with our court after the trial court has ruled.”
Court's explanation for denying the stay motion
Kelly McFall and John McFall sought certiorari relief and a stay of a trial court order compelling production of their unredacted 2017 jointly-filed f…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
KELLY MCFALL AND JOHN MCFALL,
Petitioners,
v. Case No. 5D19-2275
DONALD A. WELSH,
Respondent.
________________________________/
Opinion filed August 8, 2019
Petition for Certiorari Review of Order from the Circuit Court for Seminole County, Susan Stacy, Judge.
Richard L. Wilson, Orlando, for Petitioners.
Christopher H. Morrison of Pratt and Morrison, P.A., Winter Park, for Respondent.
ON MOTION FOR STAY PENDING REVIEW
PER CURIAM.
Pending before this court is the petition of Kelly McFall and John McFall seeking certiorari relief regarding a nonfinal order that compels them to produce an unredacted, signed copy of their 2017 jointly-filed federal income tax return. They contend that the trial court erred because John McFall is not a party to the underlying litigation between his wife, Kelly, and the Respondent, Donald A. Welsh, to modify the final judgment dissolving their marriage. See generally Rowe v. Rodriguez-Schmidt, 89 So. 3d 1101,
2 1103–04 (Fla. 2d DCA 2012) (granting certiorari relief and quashing nonfinal order compelling former wife to produce unredacted copy of federal income tax return filed jointly with new husband who was not a party to the underlying litigation to modify final judgment of dissolution of marriage).1 The McFalls have filed with this court a motion to stay this nonfinal order pending determination of their certiorari petition.
The McFalls previously filed a separate motion in the trial court to stay the enforcement of this nonfinal order. That court has not yet ruled on the motion. Because we anticipate a prompt ruling by the trial court, we deny the instant motion to stay, but do so without prejudice to the McFalls filing a subsequent motion, if necessary, with our court after the trial court has ruled. See Fla. R. App. P. 9.310(f).
MOTION FOR STAY DENIED WITHOUT PREJUDICE.
COHEN and LAMBERT, JJ., concur. GROSSHANS, J., concurs in result only.
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Citator
Authorities Cited
- Rowe v. Rodriguez-Schmidt, 89 So. 3d 1101 (Fla. 2d DCA 2012)
- Casey-Goldsmith v. Goldsmith, 735 So. 2d 610 (Fla. 5th DCA 1999)