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Source Civil Procedure Complete Delaware Bar Exam Topic Index List Matched to this deck.

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0 tracked cards Delaware Essays

A federal trial court entered an order compelling a company to transfer a disputed domain name to a competitor. The company timely appealed from that order. While the appeal was pending, the competitor asked the trial court to impose sanctions for the company's unrelated failure to attend a post-order debtor examination about a separate fee award. Which statement best describes the trial court's jurisdiction after the appeal was perfected?

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The appeal stays trial court proceedings on the judgment or order appealed from and on matters embraced in or affected by it, but the trial court may proceed on unaffected matters. The appeal stays only enforcement proceedings and never stays trial court adjudication of related issues. The appeal automatically transfers the entire action to the Delaware Supreme Court for a new trial. The appeal stays trial court proceedings only if the appellant posts an undertaking in every case.

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