COURT OF APPEALS
DIVISION ONE FILED: 2/1/18 AMY M. WOOD, CLERK BY: RB
STATE OF ARIZONA DIVISION ONE
CJ DESIGN & CONSTRUCTION CORPORATION,
) ) ) Plaintiff/Appellant, ) ) v. ) ) 668 NORTH LLC, et al., ) ) Defendants/Appellees. ) __________________________________)
Court of Appeals Division One No. 1 CA-CV 17-0727 Maricopa County Superior Court No. CV2017-012173 DEPARTMENT M
ORDER GRANTING STAY Judges
Perkins have considered appellant’s Motion for Stay and/or Injunctive Relief, the response, and reply. To obtain a stay or an injunction pending appeal, a party must show
irreparable harm if the stay is not granted, (3) the harm to the requesting party outweighs the harm to the party opposing the stay, and (4) public policy favors the granting of the stay.
Arizona Citizens Clean Elections Comm'n, 212 Ariz. 407, 410, ¶¶ 9-10 (2006); see also ARCAP 7(c) (stating the appellate court may “enter any order appropriate to preserve the status quo”).
It is a sliding
scale, so “[t]he greater and less reparable the harm, the less the showing of a strong likelihood of success on the merits need be.” Smith, 212 Ariz. at 410-11, ¶ 10.
Because there appears to be potential for irreparable harm to appellant if an injunction is not granted and the balance of harms seems to favor appellant, in the exercise of the court’s discretion, IT IS ORDERED granting appellant’s motion and staying the under advisement 2017,
September 28, 2017, pending further order of this court. IT IS FURTHER ORDERED denying appellant’s request to treat this as
Procedure 29 without prejudice to the parties filing a stipulation to accelerate the appeal or any party filing a motion to accelerate after the appeal is at issue.
See ARCAP 29(b).
IT IS FURTHER ORDERED denying appellees’ request for appellant to post a supersedeas bond. IT
prejudice to appellees seeking a different or additional bond amount upon proof shown to the superior court.
_____________/s/_____________ __ Kent E. Cattani, Presiding Judge A copy of the foregoing was sent to: Dennis I Wilenchik John D Wilenchik David Timchak Cameron C Artigue Gregory J Gnepper Hon Randall H Warner Hon Michael K Jeanes
Published on Mar 8, 2018