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43.0803 Stay of execution.

Cite as [A.S.C.A. § 43.0803]

Pending the hearing and determination of an appeal, execution of the final judgment or order of the High Court shall not be stayed unless the Appellate, Trial, or Land and Titles Division, or Chief Justice, orders a stay for cause shown and upon such terms as it or he may fix.

History: 1962, PL 7-36. 1967, PL 10-17, 1968, PL 10-62.

Case Notes:

Does not require the court to impose a supersedes bond upon granting a stay of enforcement, it is within the court’s discretion. Korea Marine Industry Development v. American International Underwriters, et al., ASR (1977).

A court should not automatically or casually grant a stay of judgment pending appeal; the court's discretion to grant a stay should be exercised only if cause is shown. A.S.C.A. § 43.0803; T.C.R.C.P. 62(a), (c); A.C.R. 8. Asifoa v. Lualemana, 17 A.S.R.2d 10 (1990).

Execution of a final judgment of the High Court will not be stayed pending appeal unless the appellate, trial, Land and Titles Division, or Chief Justice orders a stay for cause shown upon such terms as it or he may fix. A.S.C.A. § 43.0803. Asifoa v. Lualemana, 17 A.S.R.2d 100 (1990).

Similar to a petition for a preliminary injunction, the decision to grant or deny a motion for a stay of an injunction pending appeal depends partly on the "balance of equities" and partly on the likelihood of appeal's success. A.S.C.A. § 43.0803; T.C.R.C.P. 62(c); A.C.R. 8. Lutali v. Foster, 24 A.S.R.2d 81 (1993).

Regarding a motion to stay pending appeal, the moving party bears the burden of showing "cause" as to why an injunction should be stayed and must show that he is likely to prevail on the appeal's merits. A.S.C.A. § 43.0803; T.C.R.C.P. 62(c); A.C.R. 8. Lutali v. Foster, 24 A.S.R.2d 81 (1993).

Corporate directors claiming economic loss are not entitled to a stay of an injunction pending appeal when they lack standing because they are not parties to the lawsuit against the corporation and when their individual economic interests are not coincidental with or necessarily those of the corporation; in any event, prospective monetary loss as a result of an injunction is insufficient to suspend an injunction. A.S.C.A. § 43.0803; T.C.R.C.P. 62(c); A.C.R. 8. Lutali v. Foster, p. 81.