Robert George Drummond and Mildred Pauline Drummond v. Fulton County Department of Family and Children's Services, Etc.

Plaintiff-appellants’ motion for an injunction pending appeal which would prohibit the defendants from removing the child Timmy from plaintiffs’ care is hereby DENIED. In connection with this order, we deem it appropriate to make a few observations.

In Beverly v. United States, 5 Cir. 1972, 468 F.2d 732, 741 n. 13, this Court stated that

in order to be entitled to a stay pending appeal under either Rule 62, F.R.Civ.P. or Rule 8, F.R.A.P., a petitioner must show the likelihood of his prevailing on the merits on appeal, that he is likely to suffer irreparable injury from the denial of the stay,…