Injunctive Relief Related Fee Awards are Subject to Automatic Stay Pending Appeal


In Chapala Management Corp. v. Stanton, 2010 DJDAR 11821 (2010) the court of appeal reviewed the trial court’s grant of an injunction and an attorneys’ fees award. Subsequent to granting the fee award, the court ordered that a bond was required from Appellants to stay the collection of the fee award, pending appeal of the decision. Appellants then filed a petition for a writ of supersedeas. Appellants argued that a bond was not required to stay the fee award as it was tantamount to an award of costs relating to a claim for injunctive relief.

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