Nelson v. Heer

OPINION

By the Court, Hardesty, J.:

Although we deny appellant’s stay motion, we take this opportunity to modify our previous opinion in McCulloch v. Jeakins 1 concerning the use of alternate security, in lieu of a supersedeas bond, to support a stay pending appeal. After entering judgment on a jury verdict for approximately $330,000, the district court granted a stay pending appeal, conditioned on the posting of a su-persedeas bond in the judgment amount. Appellant Judy Nelson moves this court for a stay pending appeal conditioned on alternate security, rather than a supersedeas bond. On…