How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114797
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
10285032
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I filed an appeal because of an Preliminary Injuction. Now

This answer was rated:

I filed an appeal because of an Preliminary Injuction. Now I want to stay the injuction while the appeal is pending by filing for a supersedeas bond but the complaint has no damages noted (Stated) what do I do?
You need to file a Motion for Stay upon Appeal. As far as the bond, the court will set the bond if there are no damages stated or noted. So, upon filing your motion for stay, in the motion you would ask for bond to be waived since there are no damages specified in the action.


I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Law Educator, Esq. and 3 other Legal Specialists are ready to help you
Customer: replied 5 years ago.

Thanks that is very helpful. I have a counterclaim but I want the first case dismissed as my first priorty. So I'm wondering if it's more likely to be dismissed for failure to state a claim upon which relief can be granted (all of the things that the plaintiff says in his claim -- police called or inspectors called -- they were later fined for not having correct permits and they have no certificate of occupancy or housing license)

 

Or dismissed because no damages were listed and are these things conflicting meaning if I request a stay on the same day I request a motion to dismiss?

It is likely if all they said was police were called and they were fined that the court will find that there is no claim for which relief can be granted. You can raise both issues in your motion to dismiss though because in a motion to dismiss alternative theories are allowed to be raised.
Law Educator, Esq. and 3 other Legal Specialists are ready to help you

Related Legal Questions