PORTSMOUTH — Posh and Naughty, the provocative purveyor of lingerie and sex toys on East Main Road, will try to remain open pending an appeal of a Superior Court eviction order, according to the owner of the business, Trisha Smith.

At the same time, Smith said she still planned to open a new store on Stafford Road, in Tiverton, in about a month.

Those were Smith’s sentiments at the end of the day yesterday, after the Rhode Island Supreme Court said it would continue a stay of an order evicting her from a storefront at 2576 East Main Rd. “until further notice.”

Earlier in the day, before the Supreme Court had spoken, Smith said she would “surrender” the leased quarters while she pursued her appeal.

The landlord, Samuels Realty, had asked the Supreme Court to vacate a temporary stay of the eviction, which Smith had obtained without notice to the landlord’s lawyer, Evan Leviss.

Leviss said in written argument submitted to the Supreme Court that Smith was unlikely to prevail on the merits in her appeal.

Samuels Realty, owned by David Bazarsky, moved to evict Smith after her rent check bounced in December.

Smith has claimed the landlord was trying to retaliate against her for her “guerilla marketing” last fall, when she stood outside the store in scanty costumes and waved to passersby to attract business.

Leviss had sent her a letter in November saying that the sidewalk display violated the terms of the lease.

At the time, Smith refused to stop the parade of costumes, saying that she was exercising her First Amendment rights to freedom of expression.

Yesterday, she said the business has achieved enough recognition so that “I’ll never need to stand outside in a costume again.”

gmacris@projo.com