Poplar Grove, Etc. v. Bache Halsey Stuart
600 F.2d 1189 (5th Cir. 1979) Cited 406 times 1 Legal AnalysesHolding that a district court has discretion to allow a stay without posting a bond if the judgment debtor “demonstrates a present financial ability to facilely respond to a money judgment and presents to the court a financially secure plan for maintaining the same degree of solvency during the period of appeal” or “the judgment debtor's present financial condition is such that the posting of a full bond would impose an undue financial burden.”
Fed. Presc. Serv. v. Am. Pharm. Ass'n
636 F.2d 755 (D.C. Cir. 1980) Cited 227 timesHolding that Rule 62(d) allows appellant to obtain a stay as a matter of right by posting a supersedeas bond, but does not prohibit district court from authorizing unsecured stays
Prudential Ins. Co. of America v. Boyd
781 F.2d 1494 (11th Cir. 1986) Cited 112 timesHolding that award of fees in interpleader action to disinterested stakeholder is discretionary
BellSouth Telecommunications, Inc. v. ITC Deltacom Communications, Inc.
190 F.R.D. 693 (M.D. Ala. 1999) Cited 2 timesTelecommunications carrier, having lost on challenge to administrative decision that it was required, under terms of interconnection agreement, to compensate other carriers for certain calls, moved for stay pending appeal. The District Court, De Ment, J., held that carrier was entitled, upon posting of supersedeas bond, to stay pending appeal. Motion granted. Atley A. Kitchings, Jr., Jeffrey E. Holmes, Lange, Simpson, Robinson & Somerville, Birmingham, AL, William J. Ellenberg, II, Thomas B. Alexander
Avirgan v. Hull
125 F.R.D. 185 (S.D. Fla. 1989) Cited 10 timesRequiring appellant to post an additional $105,000 to cover the appellee's estimated costs and attorney's fees on appeal
Rule 62 - Stay of Proceedings to Enforce a Judgment
Fed. R. Civ. P. 62 Cited 4,272 times 15 Legal AnalysesGranting of stay is discretionary