REWJB Gas Investments v. C'Store Realty, Ltd.

The petitioners seek review of that part of the trial court’s order requiring them to pay rent into the registry of the court as a condition of a stay. The order is a hybrid; it both grants a stay of one lawsuit pending the outcome of another lawsuit and requires the deposit of money in the registry of the court. Thus, we have jurisdiction to review the order as either a petition for certiorari relief1 or as a nonfinal appeal of an order granting an injunction.2

In this action, the respondents sought to evict the petitioners pursuant to a lease of real property located in DeSoto County. The…