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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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In a civil action in the trial court, A obtained a money judgment against B on February 1. B timely filed a notice of appeal on February 20. The appellate court later denies B’s appeal on the merits, thereby finalizing the judgment. Before the appellate ruling, the trial court had denied A’s petition for a writ of execution on the ground that no writ may issue while an appeal is pending. On the same day the appellate court’s denial becomes final, A renews the petition for a writ of execution in the trial court. (a) Is the writ properly issuable at this point? (b) What rule governs the timing of issuance of the writ? (c) If B had previously posted a supersedeas bond and a stay of execution was granted during the appeal, what effect would that have on the writ?

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