Does anyone understand what the motion for stay that was filed last week was trying to argue? I tried reading it, but my legal knowledge is limited.
This was filed 8/6/15
http://www.piperslegacy.org/Legal D...o Stay Further Proceedings Pending Appeal.pdf
IANAL, but ... and i've been following this from the beginning ... this is my take on the appeal.
What the motion claims is that the court issued a final order of possession in favor of the Plaintiffs (Veronica Covatch) original petition even though defendants (COSR/Sanderbeck) filed a counterclaim, which they claim was never allowed to be presented.
The motion is asking that this now be heard by the court of appeals and the municipal court no longer can make any ruling on the original case.
The problem with this motion is that a ruling was never made in any case before the court. All the judge did on the 23rd was let Piper go home. The August 27th date is to hear the actual case (hopefully in it's entirety and to completion.) Since no ruling was made, there's nothing to appeal.
It seems like everything else with COSR's legal wranglings this is meant to drag the case out and confuse the issues. Most likely with the intent of exhausting their opponents' resources or wearing them down until they give up.
IMO, they have the legal right to make the motion even though they are doing it improperly. It's up to the courts now to reject it (again).
It's actually VERY similar to tactics used in divorce litigation where custody of children is used as leverage. In those cases, the court must decide not on the letter of the law, but what they perceive as being the best interest of the child. Hopefully this applies here, as demonstrated by the Judge returning Piper to Veronica.
My question is, if Veronica is out of resources to continue, how the heck is COSR able to afford it? The expenses must be comparable on both sides.