Hello and thank you for allowing me the opportunity to assist you.
It sounds like your attorney is correct. In order to get an injunction pending appeal, you must generally provide some sort of bond to cover losses that the other party may incur due to the delay. The bond protects the other party in case you lose the appeal. Also, it does sound correct that your response to the summary judgment would lose since you did not support it with an affidavit. A summary judgment is granted when there are no facts in dispute. Therefore, a motion for summary judgment (and a response to it) must be supported by evidence such as an affidavit. Without the affidavit, there was apparently no evidence to support your position … in other words, you merely made unsupported claims. So, I think you’re between a rock and a hard place.
I wish I could give you better news, but I’d be lying.
I regret that my answer is unfavorable, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than a truthful response. With that in mind, I hope that you found some value in my answer. If so, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Thank you and good luck!
DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.
Edited by TJG, Esq. on 10/1/2009 at 7:36 PM EST