In a default case, after a petition for relief is dismissed, should the movant's request for execution be granted?

In a default case, after a petition for relief is dismissed, should the movant's request for execution be granted?

• A. Yes, the dismissal dissolves the writ of preliminary injunction staying enforcement.
• B. No, the writ remains in effect until final resolution.
• C. Yes, but only if there is a pending motion for reconsideration.
• D. No, relief from judgment suspends execution automatically.

Answer: (A)

A stay of enforcement put in place for a petition for relief from judgment lasts only while that petition is pending. In a default situation, the writ of preliminary injunction that stays enforcement is meant to preserve the status quo while the petition for relief is resolved. When the petition is dismissed, there is no longer a basis to keep the stay, so that temporary protection dissolves. The effect is that the judgment can be enforced again, and the movant’s request for execution should be granted because the grounds for the stay have ceased. The dismissal acts as if the relief from judgment proceeding never provided a continued halt, restoring the path to execution of the judgment.

A stay of enforcement put in place for a petition for relief from judgment lasts only while that petition is pending. In a default situation, the writ of preliminary injunction that stays enforcement is meant to preserve the status quo while the petition for relief is resolved. When the petition is dismissed, there is no longer a basis to keep the stay, so that temporary protection dissolves. The effect is that the judgment can be enforced again, and the movant’s request for execution should be granted because the grounds for the stay have ceased. The dismissal acts as if the relief from judgment proceeding never provided a continued halt, restoring the path to execution of the judgment.