Ceola Cooks v. Roland A. Fowler, T/a J. Edward Fowler and Son, 437 F.2d 669 (1971)

Citation: Ceola Cooks v. Roland A. Fowler, T/a J. Edward Fowler and Son, 437 F.2d 669 (1971)
Parent Document: Ceola Cooks v. Roland A. Fowler, T/a J. Edward Fowler and Son, 437 F.2d 669 (1971)
Jurisdiction: United States (federal)
Effective Date: 1971-01-12
Original Source: https://www.courtlistener.com/opinion/294553/ceola-cooks-v-roland-a-fowler-ta... ↗

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The Court of Appeals’ disposition of the controversy over the protective order, however, falls into a different category. It was a complete and final denial by that court of relief from the requirement of monetary deposits during the pendency of petitioner’s appeal. That requirement, in turn, operating like a supersedeas, conditioned the stay, pending the appeal, of respondent’s judgment for possession. Because the requirement was not met, a writ of restitution is outstanding, and only our temporary stay of eviction stands in the way of execution of the writ. We think, then, that the Court of Appeals’ order with reference to this aspect of the litigation is presently appealable 7

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