Case Caption: In Re: The Bourne Law Office, PLLCCase Number: SCT-Civ-2024-0092Date: 11/12/2024Author: Per CuriamCitation: 2024 VI 31Summary: Upon a petition for writ of mandamus which primarily requests that this Court direct the Superior Court judge assigned to The Bourne Law Office, PLLC v. KLB Realty, LLC, Super. Ct. RV. No. 19/2024 (STT) (the “Nominal Respondent”) to issue an unconditional stay pending appeal of the August 28, 2024 judgment in KLB Realty, LLC, v. The Bourne Law Office, PLLC, Super. Ct. Civ. No. 273/2024 (STT) which would, in effect, revoke a writ of restitution issued by the Clerk of the Superior Court on September 26, 2024, to effectuate that judgment, the petition is denied with respect to the request for an unconditional stay but granted in part to the extent it requests, as alternate relief, that the Nominal Respondent apply the correct legal standard in exercising her discretion to impose conditions, if any, on the stay pending appeal she has already ordered. The Bourne Law Office lacks an adequate alternate means of obtaining redress other than a writ of mandamus, and the public interest supports issuance of the writ. A clear and indisputable right has been established for the Nominal Respondent to issue a legally correct ruling, and the Nominal Respondent breached this ministerial duty in this case by determining the amount of the bond in a manner inconsistent with the 90-day adjudication limitation codified in Superior Court Rule 322(c)(5). Thus, while the petition is denied to the extent it requests that the Nominal Respondent be mandated to issue a stay pending appeal not conditioned on the posting of a supersedeas bond or other security, and the petition is granted with respect to narrower relief. Accordingly, this Court shall issue a writ of mandamus vacating the portion of the October 22, 2024 order conditioning a stay pending appeal on the posting of a $10,800.00 supersedeas bond, and direct the Nominal Respondent to determine the proper amount of the supersedeas bond on an expedited basis and in accordance with the proper legal standard. Any supersedeas bond ordered must recognize that the appeal must be adjudicated within 90 days of the date The Bourne Law Office filed its notice of appeal, and cannot exceed the amount of money needed to compensate KLB Realty for expenses and other harm that it is likely to incur from defending the appeal and being unable to reclaim its property while that appeal is pending.Attachment: Open Document or Opinion