Know What/When to Appeal

Follow a court’s order, or secure a stay and appeal…




Mr. Harris and Mr. Pettinato challenge the district court’s authority to enter the disclosure order. But even if the court had exceeded its authority, Mr. Harris and Mr. Pettinato would still have needed to comply with the disclosure order. If the two attorneys believed that the order had been unauthorized, they could have sought reconsideration or a writ; but they could not violate the order. See Maness v. Meyers, 419 U.S. 449, 458 (1975) (“If a person to whom a court directs an order believes that order is incorrect the remedy is to appeal, but, absent a stay, he must comply promptly with the order pending appeal.”).

Auto-Owners Insurance Co. v. Summit Park Townhome Assoc., No. 16-1348 (10th Cir. 2018).

2018-04-02T08:43:08+00:00 April 2nd, 2018|Categories: Appellate Practice|Tags: |

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