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    In the Terri Schiavo case, it states that Judge Greer granted an "automatic stay." What is an automatic stay? It is not the bankruptcy automatic stay.

    Question #111523. Asked by dj168. (Dec 16 09 11:21 PM)


    serpa

    A stay is a suspension of a case or a suspension of a particular proceeding within a case. A judge may grant a stay on the motion of a party to the case or issue a stay sua sponte without the request of a party. Courts will grant a stay in a case when it is necessary to secure the rights of a party.
    http://qanda.encyclopedia.com/question/mean-stay-428724.html

    An automatic stay results because a law already in place authorizes a stay. In her case: "On March 24, 2005, Greer denied a petition for intervention by the Department of Children & Families (DCF) and signed an order forbidding the department from "taking possession of Theresa Marie Schiavo or removing her" from the hospice and directed "each and every and singular sheriff of the state of Florida" to enforce his order. The order was appealed to the Second District Court of Appeals the following day, which resulted in an automatic stay under state law. While the stay was in effect, Florida Department of Law Enforcement personnel prepared to take custody of Terri and transfer her to a local hospital for reinsertion of the feeding tube."
    http://en.wikipedia.org/wiki/Terri_Schiavo_case

    Dec 17 09, 1:05 AM


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