Principle

APPELLATE PRACTICE – Abuse of Process – Filing Application to Comply with Order Pending Appeal Not a Bar to Appealing Against Same Order

Area of law
APPELLATE PRACTICE
Court
Supreme Court

Complying with a conditional stay order does not estop a party from appealing that order. Exercising the constitutional right to appeal bona fide is not abuse of process. Compliance is not waiver. The right to appeal is undoubted. Abuse requires improper exercise—harassment, irritation, annoyance, or…

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.

Get Sanctum Access I’m a member — Log in