F. C. Y. Construction & Equipment Co. v. Superior Court

OPINION

WREN, Judge.

This special action arises from the refusal of the Superior Court of Yavapai County to grant a stay of judgment pending appeal, except as to an award of costs. We accept jurisdiction and remand to the Superior Court to exercise its discretion in determining whether a stay should be granted and a supersedeas bond set.

The cause of action underlying this petition for special action was a claim by petitioners of part ownership in certain real property known as the Eleven Lakes Ranch. In addition to their complaint, petitioners filed a lis pendens on the property. The trial…