Principle

APPELLATE PRACTICE — Stay of Execution — Patently Flawed Judgment as Special Circumstance

Area of law
APPELLATE PRACTICE
Court
Supreme Court

A judgment that is patently flawed—e.g., void for lack of jurisdiction or suffering from a fundamental vice—may constitute a special circumstance warranting a stay. The rationale is that such a judgment should not be enforced, causing unnecessary hardship. The flaw must be apparent on the…

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