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« Co-Contributor Marc Launches Blawg About California Mediation and Arbitration | Main | Bankruptcy/Sanctions: No Immediate Appeal Of District Court Sitting In Bankruptcys Sanctions Order Under F.R.B.P. 11 Or Under District Courts Inherent Powers »

March 06, 2012

Comments

Christopher Cole

I represent the respondent, who successfully defended this appeal. One thing to add to your highly entertaining comments re the stay issue. The court found (as I had argued in respondents' brief) that the existence of the stay was irrelevant -- " . . .even if it was stayed, that fact has no logical bearing on ]respondent‘s] entitlement to fees for defending the order on appeal. . . . The fact an order or judgment is stayed pending appeal does not eliminate the proponent‘s need to defend the order on appeal. A stay merely maintains the status quo so that the appeal is not rendered moot or futile. (citation omitted.) It does not prevent the stayed order from being overturned on appeal if the party on whose behalf it was entered fails to defend it, or if it is found to have resulted from trial court error." To me, the irrelevancy of the stay was the more important issue than whether or not there was a stay in the first place. I enjoy you Blog and read it regularly; my detailed attorneys fees declaration in the trial court was a direct result of the good lessons taught by this Blog.

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