David N. Volkmann Construction, Inc. v. Isaacs

SPECIAL TERM OPINION

WOZNIAK, Chief Judge.

FACTS

Gerald Isaacs appealed from a temporary injunction requiring him to endorse stock certificates, but failed to seek any stay pending resolution of his appeal. Respondent David N. Volkmann Construction moved the trial court for enforcement of the injunction, but the trial court ruled it lacked jurisdiction, due to the pending appeal. Respondent now moves this court to require Isaacs to post a supersedeas bond to protect David N. Volkmann Construction pending appeal.

DECISION

An appeal does not automatically stay enforcement of an injunction. The trial…