In re Nalle Plastics Family Ltd. Partnership

To suspend enforcement of a money judgment pending appeal, a judgment debtor must post security equaling the sum of compensatory damages awarded in the judgment, interest for the estimated duration of the appeal, and costs awarded in the judgment.1 We are asked to decide whether that amount includes attorney’s fees incurred in the prosecution or defense of the claim. Because we conclude that it does not, we conditionally grant relief.

I. Background

Porter, Rogers, Dahlman, & Gordon, P.C., a law firm, sued Nalle Plastics Family Limited Partnership for breach of contract, alleging that Nalle…