U.S. Court of Appeals for the First Circuit, 1988

In the Matter of Edmond G. Miranne, Sr., Debtor. Edmond G. Miranne, Sr. v. First Financial Bank and Mrs. Bernice Dohm

U.S. Court of Appeals for the First Circuit · Decided August 3, 1988 · Rubin, Johnson, Jones

852 F.2d 805; 12 Fed. R. Serv. 3d 101; 1988 U.S. App. LEXIS 11306; 1988 WL 80239 (Federal Reporter, Second Series)

Counsel

Edmond G. Miranne, Jr., New Orleans, La., pro se., Donald A. Meyer, Sushan, Meyer, Jackson, McPherson & Herzog, New Orleans, La., for First Financial Bank., Marc G. Shachat, New Orleans, La., for Bernice Dohm.

Cases that cite this one

20 later published cases cite this decision.

Weinhoffer v. Davie Shoring, Inc. (United States District Court Eastern District of Louisiana 2023)
Iron Mountain Corp. v. AWC Liquidation Corp. (In re AWC Liquidation Corp.) (United States District Court for the District of Delaware 2003)
Fross v. MJPB, Inc. (In re Fross) (United States Bankruptcy Appellate Panel of The Tenth Circuit 2001)
Von Derhaar v. Stalbert (United States District Court Eastern District of Louisiana 2025)
Elizondo v. Spring Branch Independent School District (District Court, S.D. Texas 2025)
Certain Underwriters at LLoyd's London v. Covington Flooring Company, Inc. (United States District Court Eastern District of Louisiana 2024)
Currault v. American River Transportation Company, LLC (United States District Court Eastern District of Louisiana 2024)
Janezich v. Walmart, Inc. (United States District Court for the District of Colorado 2023)
Broidy Capital Management LLC v. Muzin (District Court, District of Columbia 2022)
In re: Venoco, LLC (United States District Court for the District of Delaware 2020)
Ritzen Grp., Inc. v. Jackson Masonry, LLC (District Court, M.D. Tennessee 2018)
Willcox v. Stroup (District Court, D. South Carolina 2006)
Copley Press, Inc. v. Peregrine Systems, Inc. (In re Peregrine Systems, Inc.) (United States District Court for the District of Delaware 2004)
TCW Special Credits, Inc. v. F/V Kassandra Z (High Court of American Samoa 2000)
Mastro v. Rigby (In re Imperial Real Estate Corp.) (United States Bankruptcy Appellate Panel of The Ninth Circuit 1999)
Jackson v. Delchamps Inc (5th Cir. 1998)
Payne v. Clarendon National Insurance (In re Sunset Sales, Inc.) (United States Bankruptcy Appellate Panel of The Tenth Circuit 1998)
City of Olathe v. KAR Development Associates, L.P. (In re KAR Development Associates, L.P.) (District Court, D. Kansas 1995)
In re Winslow (United States District Court for the District of Colorado 1991)
In re Miranne (United States District Court Eastern District of Louisiana 1988)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM:

The instant motion for a stay pending appeal is before this Court following its denial in the first instance in the district court. In denying appellant’s motion, the district court concluded that it lacked the requisite jurisdiction to rule on appellant’s request for a stay due to the fact that appellant filed a notice of appeal prior to requesting a stay.

After reviewing the pertinent authorities in this area, we are persuaded that the district court retained jurisdiction to grant appellant’s request for a stay despite the fact that a notice of appeal to this Court was filed prior to the request for a stay. See Fed.R.Civ.P. 62; 9 Moore’s Federal Practice 11208.05. Such a conclusion is consistent with the general principle that an application for a stay of the judgment or order of a district court should ordinarily be made in the first instance in the district court. Fed.R.App.P. 8(a).

Accordingly, it is hereby ordered that the motion for a stay pending appeal is DENIED without prejudice to the appellant’s right again to seek a stay from the district court.

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