Friday, November 10, 2006
On Monday before the election, the court of appeals denied the motion for a stay, on procedural grounds without reaching the merits.
The court ruled that 14B was inapplicable because the court below hadn't ruled yet on a motion for leave to appeal, and 14A was inapplicable as to a motion for TRO.
Actually, 14A does apply, because the trial court's denial was of a motion for TRO, hearing, and temporary injunction, and temporary injunctions are under 14A, but I hadn't made that clear in the emergency motion for stay, because I didn't figure it out until later. The court are closed today, some holiday. I may file more on Monday. The case is not moot factually because there are disputed provisional ballots.
The court ruled that 14B was inapplicable because the court below hadn't ruled yet on a motion for leave to appeal, and 14A was inapplicable as to a motion for TRO.
Actually, 14A does apply, because the trial court's denial was of a motion for TRO, hearing, and temporary injunction, and temporary injunctions are under 14A, but I hadn't made that clear in the emergency motion for stay, because I didn't figure it out until later. The court are closed today, some holiday. I may file more on Monday. The case is not moot factually because there are disputed provisional ballots.
