Tri City National Bank v. Barth

OPINION

SWANN, Judge:

¶ 1 Tri City National Bank (“TCNB”) petitions for special action relief from the superi- or court’s order granting Real Parties in Interest’s (“the Gradys’ ”) motion for stay of execution of a Forcible Entry and Detainer (“FED”) judgment, pending appeal of the superior court’s order denying the Gradys’ Motion to Set Aside Judgment. We accept jurisdiction and grant relief. We hold that because the Gradys are appealing a judgment denying their Motion to Set Aside, the trial court abused its discretion when it granted a stay of execution of a judgment other than the judgment…