State ex rel. Geauga Cty. Bd. of Commrs. v. Milligan

Summary

The Ohio Supreme Court held that a county board of commissioners and its individual commissioners were entitled as a matter of right to a stay pending appeal under Ohio Civ.R. 62(C). The trial judge therefore lacked jurisdiction to lift the stay, enforce the underlying mandamus judgment, or conduct contempt proceedings while the appeal was pending. The court granted a writ of mandamus compelling the stay and did not reach the alternative prohibition claim.

Holdings

1. Under Civ.R. 62(B) and (C), the county board and commissioners were entitled as a matter of right to a stay of the November 14, 2002 judgment pending appeal, without posting a supersedeas bond or other security.
2. The trial court patently and unambiguously lacked jurisdiction to lift the stay or conduct contempt proceedings concerning enforcement of the stayed judgment.
3. The trial court could not rely on an unstated condition requiring the relators to maintain the sheriff's funding at fiscal year 2002 levels, nor could it effectively require such funding as security for the judgment.

Questions Presented

1. Whether a governmental appellant is entitled as a matter of right to a stay of a civil judgment pending appeal under Civ.R. 62(C) without posting a supersedeas bond.
2. Whether the trial court had jurisdiction to lift an unconditional stay pending appeal or conduct contempt proceedings to enforce the stayed judgment.
3. Whether the trial court could impose an unstated condition requiring continued funding of the sheriff at a specified level as a substitute for a supersedeas bond.

Disposition

writ_granted