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O'DONNELL v. McGANN

No. 161, September Term, 1986.

310 Md. 342 (1987)

529 A.2d 372

VINCENT LANE O'DONNELL ET AL. v. PATRICK JOHN McGANN, INFANT ET AL.

Court of Appeals of Maryland.

August 6, 1987.

Attorney(s) appearing for the Case

Francis J. Ford (Ford & O'Neill, Rockville, Md., on the brief), for appellant Vincent Lane O'Donnell.

Frank J. Vecella (Patricia M. O'Connor, Gregory L. Van Geison and Anderson, Coe & King, Baltimore, Md., on the brief), for appellant Medical Mut. Liability Ins. Society of Maryland.

Albert Brault, Rockville, Md., H. Thomas Howell and Robert Dale Klein, Baltimore, Md., amicus curiae for The Maryland Ass'n of Defense Trial Counsel on the brief.

Judith A. Wood of Baltimore, Md., amicus curiae for The Medical and Chirurgical Faculty of the State of Maryland on the brief.

Gilbert H. Robinette (Henry E. Dugan, Jr. and Robinette, Dugan, Seiden & Jakubowski, P.A., Baltimore, Md. and Walter H. Madden, Rockville, Md., on the brief), for appellees.

Argued before MURPHY, C.J., ELDRIDGE, COLE, RODOWSKY, COUCH, McAULIFFE and ADKINS, JJ.

McAULIFFE, Judge.

This appeal involves the nature and extent of the discretionary authority of trial and appellate courts of this State to stay the execution of a money judgment, and more particularly the authority of those courts to approve a supersedeas bond in an amount less than the amount of the judgment.

We hold that the inherent power of trial and appellate courts to fix the terms and conditions for the stay of execution of judgments has not been circumscribed...

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