Flournoy v. CML-GA WB, LLC et al

Filing 82

ORDER denying Defendants' 72 Motion for Bond on Appeal. Signed by Judge J. Randal Hall on 5/2/2016. (jah)

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

PATRICIA C.

FLOURNOY,

*

Plaintiff,

*
*

v.

*

CML-GA WB, LLC; RIALTO
CAPITAL ADVISORS, LLC; REX
PROPERTY AND LAND, LLC; and
PAUL GREGORY KING,

CV 114-161

*
*
*
•

Defendants.

*

ORDER

Currently before the Court is Defendants'

on appeal.

(Doc. 72.)

motion for bond

On December 10, 2015, the Court granted

summary judgment in favor of Defendants in this matter.
62.)

Subsequently,

Defendants moved

the

Court

Plaintiff filed her notice of appeal,

for bond on appeal.

require

(Doc.

Plaintiff

to

post

and

Defendants request that

bond

in the

$30,000, which includes $25,000 for attorneys'

amount

of

fees and $5,000

for unspecified costs.

Pursuant to Federal Rule of Appellate Procedure 7,

yy[±]n a

civil case, the district court may require an appellant to file

a

bond

or

provide

necessary to

other

ensure

payment

civil-rights case,
attorneys'
Process

fees

Steel,

security
of

in

any

on

appeal . . . ."

costs

such as this one,

only if
LP,

419

that

the appeal

is

F.3d

form

amount may

1207-1208

1201,

and

frivolous.

amount
In

include

Young v.

(11th

Cir.

a

New

2005).

Specifically, the court in Young stated:

[R]eading Rule 7 against the Christiansburg decision,
we hold that a district court may not require an
unsuccessful plaintiff in a civil rights case to post

an

appellate

costs

but

bond

also

the

that

includes

defendant's

not

only

anticipated

ordinary

attorney's

fees on appeal, unless the court determines that the
appeal is likely to be frivolous, unreasonable, or
without

foundation.

Id.

Defendants

maintain

that

Plaintiff's

appeal

is

frivolous,

and, therefore, a bond including attorneys' fees is appropriate.

While the Court stands by its Order granting summary judgment in
this case, it cannot say that Plaintiff's appeal is "frivolous,
unreasonable,

or

without

Id.

foundation."

Accordingly,

the

Court declines to require Plaintiff to post bond that includes

attorneys' fees.

Further, with respect to the amount Defendants

request relating to costs,

Defendants'

papers on this issue do

not address why the amount is necessary or appropriate or how

they arrived at the number.

Therefore,

require a bond in that amount.

the Court declines to

See Swain v.

Precision Strip,

Inc.,

No.

1:10-CV-2941-VEH,

May 14, 2012).

2012

WL

1745515,

at

*2

(N.D.

Ala.

Defendants' motion (doc. 72) is DENIED.

ORDER ENTERED at Augusta, Georgia this ^__A_aay of May,
2016.

honorable

j . "ran25al

united^iftates district judge
:hern

district

o f Georgia