North Carolina § 1-294 - Scope of stay; security limited for fiduciaries.

§ 1-294. Scope of stay; security limited for fiduciaries.

When an appeal is perfected as provided by this Article it stays all further proceedings in the court below upon the judgment appealed from, or upon the matter embraced therein, unless otherwise provided by the Rules of Appellate Procedure; but the court below may proceed upon any other matter included in the action and not affected by the judgment appealed from. The court below may, in its discretion, dispense with or limit the security required, when the appellant is an executor, administrator, trustee, or other person acting in a fiduciary capacity. It may also limit such security to an amount not more than fifty thousand dollars ($50,000), where it would otherwise exceed that sum. History (C.C.P., s. 308; Code, s. 558; Rev., s. 602; C.S., s. 655; 2015-25, s. 2.) Cross References. - As to effect of stay on the judgment, see G.S. 1-296 . As to stay of proceedings to enforce a judgment, see G.S. 1A-1 , Rule 62. Effect of Amendments. - Session Laws 2015-25, s. 2, effective May 21, 2015, inserted "unless otherwise provided by the Rules of Appellate Procedure" in the middle of the first sentence. Legal Periodicals. - For note discussing abandonment of appeal, see 56 N.C.L. Rev. 573 (1978). For article, "Functus Officio: Authority of the Trial Court after Notice of Appeal," see 81 N.C.L. Rev. 2331 (2003). For comment, "Finality and Clarity Regarding Pending Claims for Attorney's Fees: Duncan and the Superfluous 54(b) Certification," see 36 Campbell L. Rev. 339 (2014).