MOTION - FOR STAY

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                          IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA

RICHARD C. SENKER, Trustee of the Richard
C. Senker and Patricia A. Senker Land Trust, a
Florida Land Trust,
Plaintiff,
Vs. CASE NO. 2007 CA 008509 NC

SNAVELY SIESTA ASSOCIATES, LLC,
an Ohio Limited Liability Company,

Defendant.
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MOTION FOR STAY PENDING REVIEW

Kark Pinkerton, P.A. files this Motion for Stay Pending Review pursuant to Rule of
Appellate Procedure 9.310 and states,

To the extent that this Court’s Order dated September 4, 2008 orders Kirk Pinkerton, P.A.
as Escrow Agent to disburse the funds remaining in its escrow account and this act is not
commensurate with “a judgment solely for the payment of money,” as defined in Rule of
Appellate Procedure 9.310(b)(1), Kark Pinkerton, P.A. respectfully requests this Court to stay such
order pending review so that Kirk Pinkerton, P.A. and its chent, Snavely Siesta Associates, LLC,

may obtain a bond for automatic stay of execution of the …