In the Matter of Edmond G. Miranne, Sr., Debtor. Edmond G. Miranne, Sr. v. First Financial Bank and Mrs. Bernice Dohm

The instant motion for a stay pending appeal is before this Court following its denial in the first instance in the district court. In denying appellant’s motion, the district court concluded that it lacked the requisite jurisdiction to rule on appellant’s request for a stay due to the fact that appellant filed a notice of appeal prior to requesting a stay.

After reviewing the pertinent authorities in this area, we are persuaded that the district court retained jurisdiction to grant appellant’s request for a stay despite the fact that a notice of appeal to this Court was filed prior to the…