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.
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