Legal Opinion

Diluglio v. Providence Auto Body, Inc., 89-0628 (1997)

Superior Court of Rhode Island

Decided May 15, 1997No. C.A. No. 89-0628Published

1Opinion of the Court

DECISION ON MOTION FOR A STAY OF EXECUTION WITHOUT A BOND

Before the Court is defendants' request for a stay of execution of judgment without a bond in the above-entitled action. The plaintiff objects to said motion, arguing that a supersedeas bond is required pursuant to R.I. Super. R. Civ. P. 62 (d).

Rhode Island Rule of Civil Procedure 62 (d) provides in pertinent part that "[w]hen an appeal is taken the appellant by giving a supersedeas bond may obtain a stay . . . ." and further states that such "stay is effective when the supersedeas bond is approved by the Court." The plain and clear…

2Cases cited4 opinions

  1. Arizona v. CaliforniaSupreme Court of the United States · 1983
  2. People of Aurora Ex Rel. State v. AllenSupreme Court of Colorado · 1994
  3. Lamon v. City of Shawnee, Kan.District Court, D. Kansas · 1991
  4. United States v. Eleven VehiclesDistrict Court, E.D. Pennsylvania · 1995

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