SELMA AUTO MALL II v. APPELLATE DEPARTMENT

Docket No. F023828.

44 Cal.App.4th 1672 (1996)

52 Cal. Rptr.2d 599

SELMA AUTO MALL II, Petitioner, v. THE APPELLATE DEPARTMENT OF THE SUPERIOR COURT OF FRESNO COUNTY, Respondent; RALPH KAZARIAN, JR., et al., Real Parties in Interest.

Court of Appeals of California, Fifth District.

April 30, 1996.


Attorney(s) appearing for the Case

COUNSEL

McCormick, Barstow, Sheppard, Wayte & Carruth, Marshall C. Whitney and Stephen E. Carroll for Petitioner.

No appearance for Respondent.

Dietrich, Glasrud & Jones, Donald H. Glasrud, Timothy J. Buchanan, Alice H. Choi and Christopher P. Swenson for Real Parties in Interest.


[Opinion certified for partial publication.*]

OPINION

THAXTER, J.

In the published portion of this opinion we decide that ordering an appellant, as a condition to staying enforcement of a writ of possession pending appeal, to guarantee payment of attorney fees awarded against other, nonappealing parties is an abuse of discretion. In the unpublished portion we conclude that the appellate department...

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