Background
Molly McIntosh appealed a Miami-Dade County Court nonfinal order denying her motion for immediate issuance of an order lifting a stay of execution and writ of possession. The underlying matter involved Donald Wood and possession of the premises.
In a related appeal, Wood v. McIntosh, the Third District had affirmed the county court’s order granting McIntosh’s motion for rehearing and immediate possession. The mandate in that related case issued on November 13, 2025.
The Court’s Holding
The Third District dismissed McIntosh’s appeal as moot. Under Florida Rule of Appellate Procedure 9.310(e), a lower-tribunal stay remains effective through Florida appellate review only until the mandate issues, unless modified or vacated.
Because issuance of the mandate in the related case automatically dissolved the stay of execution and writ of possession pending appeal, the relief McIntosh sought—lifting that stay—was no longer live. A decision on the appealed order therefore could have no practical effect.
Key Takeaways
- A stay entered under Rule 9.310(e) ordinarily ends when the appellate mandate issues.
- An appeal seeking to lift a stay is moot once that stay has already dissolved by operation of the rule.
- Florida appellate courts generally dismiss cases when no live controversy remains.
Why It Matters
The decision underscores that parties seeking possession-related relief must account for the effect of an appellate mandate on any pending stay. Once the mandate issues, a separate appeal directed solely at ending the stay may no longer present a justiciable controversy.