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Stafford v. Fockaert

Supreme Court of Montana

January 28, 2014

GAIL STAFFORD, Plaintiff and Appellee,
v.
CHARLES FOCKAERT, Defendant and Appellant.

ORDER

Self-represented Appellant Charles Fockaert (Charles) has moved this Court for a stay of execution of judgment pursuant to M. R. App. P. 22. On December 4, 2013, Charles filed motion to stay execution of the judgment pending appeal in the Silver Bow County District Court. The District Court denied the motion based upon Charles's failure to provide a supersedeas bond or to obtain a waiver of the bond as is required in M. R. App. P. 22(1)(b). The court also noted that Charles had made no provision for satisfaction of the judgment in the event the appeal is denied or dismissed. Or. Denying Stay of Execution, Stafford v. Fockaert, No. DV-12-302 (Mont. Silver Bow Co. Dist. Ct. Dec. 23, 2013).

On July 11, 2013, the District Court entered judgment on the pleadings in favor of Plaintiff Gail Stafford (Gail), in the sum of $ 100, 000, plus prejudgment and post-judgment interest and costs. This appeal was filed by Charles on August 12, 2013. It is now fully briefed by both parties and will be soon scheduled for classification, and a decision rendered in due course.

Through counsel, Gail has indicated to both the District Court and this Court that she will not waive the supersedeas bond. Attached to the District Court's order denying the stay is a copy of a document entitled, "Farmers Surety Bond Program, " which indicates that Charles applied for a bond, but was disapproved, with the following comment: "We cannot approve this request. Based on the applicant's financial statement and credit report, he does not qualify for a bond of this type. We would also need to see attorney involvement to consider this type of bond."

Since Charles failed to provide for the possibility that he may need to satisfy this Judgment if this appeal is decided adversely to him, we must also deny this motion. M. R. App. P. 22. Appellee Gail has explicitly refused to waive the bond, and it is apparent from the record that Charles is unable to procure a supersedeas bond or otherwise provide for satisfaction of the judgment. Further, Charles has not otherwise demonstrated good cause for entry of a stay. M.R.App.P.22(2)(a)(i). Therefore,

IT IS HEREBY ORDERED that the Appellant's Motion to Stay Execution of Judgment is DENIED.

The Clerk is directed to provide a copy hereof to counsel of record and to Charles Fockaert.


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