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All Jurisprudence based

0 tracked cards Commercial and Taxation Laws

An RTC renders a final money-claim judgment in favor of the plaintiff in a civil action arising from a commercial dispute. The defendant, aggrieved, files a notice of appeal to the Court of Appeals. The plaintiff moves for stay of enforcement; the trial court orders that enforcement may proceed pending appeal. (a) Who may appeal from the RTC judgment, and why? (b) What steps and documents must the appellant file to perfect the appeal, and what must be included in the record on appeal? (c) What is the effect of the appeal on the RTC judgment’s enforcement, and under what conditions can a stay of execution be granted or denied?

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Only the party who loses the case on the merits may appeal the RTC judgment. Any party aggrieved by a final RTC judgment, final order, or final resolution may appeal; to perfect, file a notice of appeal within 15 days after notice of judgment; the record on appeal must include the final judgment or final order, the pleadings, the transcript of stenographic notes (or a certificate of non-availability), and the exhibits. A government agency may appeal in any civil action; the notice of appeal is due within 15 days; the record on appeal must include the petition for review in the appellate court; enforcement is automatically stayed. Execution is automatically stayed once a notice of appeal is filed; the appellate court will determine whether a stay should continue.

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