(a) If the judgment debtor shows the circuit court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.
(b) If the judgment debtor shows the circuit court any ground upon which enforcement of a judgment of any circuit court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state.
(Acts 1986, Ex. Sess., No. 86-713, p. 127, §5.)
Notes of Decisions
Ex Parte Lanier Worldwide, Inc., 922 So. 2d 115 (Ala. Civ. App. 2005).
· cites it 2× “Moreover, because the Dallas Circuit Court has set aside its domesticated judgment, rather than entering a "stay of enforcement" of a domesticated judgment, that court has no imperative duty to require the posting of security ( see Ala. Code 1975, § 6-9-234). For the reasons…”
Pope v. Gordon (In Re Camp), 310 B.R. 634 (Bankr. N.D. Ala. 2004).
· cites it 2× “Code § 6-9-233(b) specifies, this domesticates the foreign judgment and as registered is “the” judgment upon which the clerk of the Alabama circuit court may — -unless demonstrated by the judgment debtor that a stay is proper under Ala.Code § 6-9-234 (1993) and possibly, see…”
Frank Thomas Shumate, Jr. v. Berry Contracting L.P., d/b/a Bay, Ltd. (Ala. 2025).
· cites it 2× “" Although Shumate had posted an appeal bond sufficient under Texas law, the circuit court nevertheless denied Shumate's request for a stay, apparently relying on subsection (b) of § 6-9-234. That portion of § 6-9- 234 provides that a stay on enforcing a domesticated judgment…”
— Ala. Code § 6-9-234(a) — 1 case
Frank Thomas Shumate, Jr. v. Berry Contracting L.P., d/b/a Bay, Ltd. (Ala. 2025).
“" Although Shumate had posted an appeal bond sufficient under Texas law, the circuit court nevertheless denied Shumate's request for a stay, apparently relying on subsection (b) of § 6-9-234. That portion of § 6-9- 234 provides that a stay on enforcing a domesticated judgment…”
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