- Joined
- Oct 27, 2002
- Messages
- 223
- Reaction score
- 0
Charles
I refer you to FRCP 62(d):
The act of appealing a judgment does not automatically create a stay of the judgment pending appeal. However, a party may obtain a stay with permission of the lower court or, if no permission is granted, by filing a supersedeas bond with the court in an amount approved by the court. Unless the state law of the jurisdiction says otherwise, Rule 62 (d) governs the only circumstances in which a party may obtain a stay of enforcement of a money judgment pending appeal, beyond the automatic 10 day period provided by Rule 62 (a).
In JZ's case, the judge was not giving him any slack and would only approve a supersedeas bond in an amount suffiecient to cover the amount of the judgment, interest on the judgment and appellate attorneys fees and costs.
In the tobacco case, the lower court did not require a supersedeas bond to stay the enforcement of the judgment pending appeal.
I refer you to FRCP 62(d):
The act of appealing a judgment does not automatically create a stay of the judgment pending appeal. However, a party may obtain a stay with permission of the lower court or, if no permission is granted, by filing a supersedeas bond with the court in an amount approved by the court. Unless the state law of the jurisdiction says otherwise, Rule 62 (d) governs the only circumstances in which a party may obtain a stay of enforcement of a money judgment pending appeal, beyond the automatic 10 day period provided by Rule 62 (a).
In JZ's case, the judge was not giving him any slack and would only approve a supersedeas bond in an amount suffiecient to cover the amount of the judgment, interest on the judgment and appellate attorneys fees and costs.
In the tobacco case, the lower court did not require a supersedeas bond to stay the enforcement of the judgment pending appeal.
