State, Department of Health & Rehabilitative Services v. E.D.S. Federal Corp.

The issue presented in this case is whether a public body is entitled to an automatic stay when it seeks discretionary review in a district court of appeal. We find that the public body in this case is not entitled to the automatic stay provided by Florida Rule of Appellate Procedure 9.310(b)(2).

The Department of Health and Rehabilitative Services (HRS) filed in this court a petition for writ of certiorari and/or prohibition to review a nonfinal order of the trial court. Along with the petition, HRS filed a notice of invocation of automatic stay provision. The notice asserted that HRS, as a…