Greer would have to make a motion in Florida to stay pending the results of a 10th Circuit appeal.
Now, is there a funny here? There is. Greer is forbidden by the 10th Circuit to appeal this order, but he is also forbidden to appeal it in the 11th Circuit. His only recource is to use obscure Florida Supreme Court case law to beg the Florida District Court to reverse Utah's decision citing "extraordinary circumstances"
Sources:
- "Also well-established is that an order transferring venue of an action, even if the transfer is to a district in another circuit, is an interlocutory order and unappealable, except by certification under 28 U.S.C. § 1292(b)." - In re Dalton, 733 F.2d 710 (10th Cir. 1984) (the exception is not applicable here for several reasons)
- "We also lack jurisdiction to the extent Harris seeks appellate review of the district court's text order denying her motion to transfer venue. That order is not final because it did not end the litigation on the merits, and it is not immediately appealable under the collateral order doctrine because it is not effectively unreviewable on appeal from a final judgment" - Harris v. Sec'y, U.S. Dep't of Veterans Affairs, No. 23-11628 (11th Cir. Jun. 9, 2023)
- "Accordingly, we conclude that absent extraordinary circumstances, a trial judge's order granting a change of venue may not be reviewed by a successor trial judge in the new venue. Once such an order has been issued, it must be honored in the new venue unless and until a proper appellate court rules otherwise." - State v. Gary, 609 So. 2d 1291 (Fla. 1992)
Lmao, sucks to suck