In re Raymond Professional Group, Inc., 06-16748
RPG, Inc. v. William A. Pope Company, 07-00639
Opinion Issued Sept. 29, 2010
By the Hon. Jack B. Schmetterer
The Upshot: Judgment can be stayed pending appeal if Appellant posts a bond or if the Court decides that a stay is appropriate. In a Chapter 11 case in which the Defendant won an arbitration award and the Plaintiff appealed to block its access to those funds, Judge Schmetterer refused to stay execution of the judgment based on the appeal because there where was little or no likelihood of success on the merits and the Appellant had no interest in the account to begin with, so the Automatic Stay did not prevent the winner at arbitration from accessing those funds.
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