SB154,2,1817 806.08 (3) (b) The court may not during the pendency of an appeal restore an
18injunction stayed as required under s. 813.025 (3) (b).
SB154,4 19Section 4. 808.05 of the statutes is renumbered 808.05 (1m), and 808.05 (1m)
20(intro.), (a) and (b), as renumbered, are amended to read:
SB154,3,2
1808.05 (1m) (intro.) The supreme court may take jurisdiction of an appeal or
2any other proceeding pending in the court of appeals if any of the following apply:
SB154,3,33 (a) It grants direct review upon a petition to bypass filed by a party;.
SB154,3,54 (b) It grants direct review upon certification from the court of appeals prior to
5the court of appeals hearing and deciding the matter; or.
SB154,5 6Section 5. 808.05 (1m) (d) of the statutes is created to read:
SB154,3,87 808.05 (1m) (d) It grants direct review upon an expedited petition for
8interlocutory review filed as permitted under s. 813.025 (3) (b).
SB154,6 9Section 6. 808.05 (2m) of the statutes is created to read:
SB154,3,1210 808.05 (2m) The supreme court may take jurisdiction of a proceeding pending
11in a circuit court if it grants direct review upon an expedited petition for interlocutory
12review filed as permitted under s. 813.025 (3) (b).
SB154,7 13Section 7. 808.07 (2) (a) (intro.) of the statutes is amended to read:
SB154,3,1514 808.07 (2) (a) (intro.) During the pendency of an appeal, a trial court or an
15appellate court may do any of the following:
SB154,8 16Section 8. 808.07 (2) (a) 1. of the statutes is amended to read:
SB154,3,1717 808.07 (2) (a) 1. Stay execution or enforcement of a judgment or order;.
SB154,9 18Section 9. 808.07 (2) (a) 2. of the statutes is amended to read:
SB154,3,2019 808.07 (2) (a) 2. Suspend Except as provided in s. 806.08 (3) (b) and s. 813.025
20(3) (b), suspend
, modify, restore, or grant an injunction; or.
SB154,10 21Section 10. 809.12 of the statutes is amended to read:
SB154,4,6 22809.12 Rule (Motion for relief pending appeal). A Except as provided in
23s. 813.025 (3) (b), a
person seeking relief under s. 808.07 shall file a motion in the trial
24court unless it is impractical to seek relief in the trial court. A motion in the court
25must show why it was impractical to seek relief in the trial court or, if a motion had

1been filed in the trial court, the reasons given by the trial court for its action. A person
2aggrieved by an order of the trial court granting the relief requested may file a motion
3for relief from the order with the court. A judge of the court may issue an ex parte
4order granting temporary relief pending a ruling by the court on a motion filed
5pursuant to this rule. A motion filed in the court under this section must be filed in
6accordance with s. 809.14.
SB154,11 7Section 11. 813.025 (title) of the statutes is amended to read:
SB154,4,9 8813.025 (title) Ex parte restraining orders ; right of review of certain
9orders
.
SB154,12 10Section 12. 813.025 (3) of the statutes is created to read:
SB154,4,1511 813.025 (3) (a) If a circuit court or a court of appeals under ch. 752 enters an
12injunction, restraining order, or any other final or interlocutory order suspending or
13restraining the enforcement of any statute of this state, the injunction, restraining
14order, or other final or interlocutory order is immediately appealable as a matter of
15right.
SB154,4,2416 (b) Any injunction, restraining order, or other final or interlocutory order that
17is appealable under par. (a) shall be automatically stayed upon the filing under this
18paragraph of an expedited petition for interlocutory review with the supreme court
19or an expedited petition for interlocutory review with an appellate court under ch.
20752. A petition for interlocutory review filed no later than 10 days after entry of the
21order described under par. (a) is an expedited petition for interlocutory review under
22this paragraph. If an expedited petition for interlocutory review is filed, the
23automatic stay under this paragraph remains in effect until one of the following
24occurs:
SB154,5,3
11. The supreme court or the appellate court with which the expedited petition
2for interlocutory review is filed grants the petition for interlocutory review and
3subsequently orders that the automatic stay be lifted.
SB154,5,64 2. The supreme court or the appellate court with which the expedited petition
5for interlocutory review is filed denies the petition for interlocutory review and
6simultaneously orders that the automatic stay be lifted.
SB154,5,77 3. Entry of a final and unappealable order disposing of the entire case.
SB154,5,118 (c) The supreme court or the appellate court may enter such orders as are
9necessary and proper to the resolution of the petition under par. (b), including orders
10directing the preparation and filing of the record and the submission of briefs,
11appendices, and other materials by the parties.
SB154,5,1612 (d) Nothing in this subsection shall require a party to seek an expedited
13petition for interlocutory review under this subsection and nothing in this subsection
14shall modify or otherwise affect the rights of any party to appeal from, or seek
15supreme court review of, an order otherwise subject to this section under chs. 808 and
16809.
SB154,13 17Section 13. Initial applicability.
SB154,5,2018 (1) This act first applies to an injunction, restraining order, or other final or
19interlocutory order issued by a circuit court or by an appellate court under chapter
20752 of the statutes on the effective date of this subsection.
SB154,5,2121 (End)
Loading...
Loading...