After an order for possession and judgment is entered, our hope at Kovitz Shifrin Nesbit is that the case is near completion. It is considered to be almost complete because (1) the homeowner will pay what is due prior to the expiration of the stay date on the Order for Possession or (2) the Order is placed with the Sheriff for the physical eviction to take place.
Under the statute, homeowners are allowed to file one post-trial motion, and often times they do. The post-trial motions are typically filed as a result of the homeowner’s discord with the outcome of the case or the homeowner wanting additional time to pay the delinquency before the order is placed with the Sheriff.
On occasion (and occurring more often given the current economic climate), the homeowner or their counsel will file an appeal. The appeal process is an avenue wherein the Defendant homeowner asserts that the trial court Judge’s ruling was incorrect. By filing an appeal, the Defendant homeowner is petitioning the Appellate Court to review issue(s) raised in the lower court.
If the Defendant homeowner prevails on appeal, the case will be remanded to the trial court to reexamine that particular issue. While the appeal is pending, two important questions arise:
- What happens to the Order for Possession and Judgment that was entered?
- Can the Order for Possession and Judgment be enforced while the appeal is pending?
The short answer is sometimes.
However, there is a Supreme Court Rule which in essence states that if the appellant (Defendant) posts a monetary bond with the Clerk of the Court, then the Possession Order can be stayed as well as post judgment proceedings. This can be very frustrating given the Association has already had to wait a minimum period of 60 days before moving on with the case with regard to placing the Order for Possession and Judgment.
Although forcible entry and detainer cases are typically considered to be cases of “expedited proceedings”, appeals can take anywhere from a year to two years, and sometimes longer. The bond insures that if the appellant loses the case, then there are funds to pay what was owed during the period of the appellate process.
With over 30 years of experience, Kovitz Shifrin Nesbit is well prepared to assist you with a wide range of litigation scenarios. If we can be of legal assistance, do not hesitate to contact us at 855-537-0550 or visit our website at www.ksnlaw.com.