NC General Statutes

N.C. Gen. Stat. § 1-294 (2026)

Scope of stay; security limited for fiduciaries

✓ current as of July 2026

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When an appeal is perfected as provided by this Article it stays all further proceedings in the court below upon the judgment appealed from, or upon the matter embraced therein, unless otherwise provided by the Rules of Appellate Procedure; but the court below may proceed upon any other matter included in the action and not affected by the judgment appealed from. The court below may, in its discretion, dispense with or limit the security required, when the appellant is an executor, administrator, trustee, or other person acting in a fiduciary capacity. It may also limit such security to an amount not more than fifty thousand dollars ($50,000), where it would otherwise exceed that sum. (C.C.P., s. 308; Code, s. 558; Rev., s. 602; C.S., s. 655; 2015-25, s. 2.)

Notes of Decisions

Cited in 142 cases (17 in the last 5 years), 1950–2026 · leading case: Bruggeman v. Meditrust Co., LLC, 600 S.E.2d 507 (N.C. Ct. App. 2004).

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Bruggeman v. Meditrust Co., LLC, 600 S.E.2d 507 (N.C. Ct. App. 2004). · cites it 30× “N.C. Gen.Stat. § 1-294 (2003) provides as follows: When an appeal is perfected as provided by this Article it stays all further proceedings in the court below upon the judgment appealed from, or upon the matter embraced therein; but the court below may proceed upon any other…”

Quevedo-Woolf v. Overholser, 820 S.E.2d 817 (N.C. Ct. App. 2018). · cites it 18× “N.C. Gen. Stat. § 1-294 (2017). There are certain exceptions to this rule: "Notwithstanding the provisions of G.”

McKyer v. McKyer, 632 S.E.2d 828 (N.C. Ct. App. 2006). · cites it 16× “With respect to this issue, N.C. Gen.Stat. § 1-294 (2005) (emphasis added) provides: "When an appeal is perfected as provided by this Article it stays all further proceedings in the court below upon the judgment appealed from, or upon the matter embraced therein; but the court…”

Rosero v. Blake, 563 S.E.2d 248 (N.C. Ct. App. 2002). · cites it 20× “However, this Court's order noted that the trial court retained jurisdiction to entertain motions based on defendant's allegations so that it might "enter any interlocutory orders needed to enforce the custody order or to protect the interests of the parties and the welfare of…”

In re M.I.W., 722 S.E.2d 469 (N.C. 2012). · cites it 12× “Generally, N.C.G.S. § 1-294 operates to stay further proceedings in the trial court upon perfection of an appeal.”

Guerrier v. Guerrier, 574 S.E.2d 69 (N.C. Ct. App. 2002). · cites it 6× “" N.C.G.S. § 1-294 (2001). An exception to that rule provides that orders for the payment of child support are enforceable pending appeal, and this includes any sanctions entered pursuant to an order of civil contempt.”

Sed Holdings, LLC v. 3 Star Props., LLC, 791 S.E.2d 914 (N.C. Ct. App. 2016). · cites it 12× “]" N.C. Gen. Stat. § 1-294 (2015). Pending the appeal, the trial judge is generally functus officio , France v.”

Romulus v. Romulus, 715 S.E.2d 889 (N.C. Ct. App. 2011). · cites it 10× “§ 50-20 (e) and N.C. Gen. Stat. § 1-294 . Defendant’s second argument is that the trial court had no subject matter jurisdiction to enter orders enforcing the distributive award as both parties had appealed from the equitable distribution order.”

McClure v. Cnty. of Jackson, 648 S.E.2d 546 (N.C. Ct. App. 2007). · cites it 10× “The question of whether the trial court had jurisdiction to decide the issue of attorney’s fees is addressed by N.C. Gen. Stat. § 1-294 , the pertinent portion of which reads: When an appeal is perfected as provided by this Article it stays all further proceedings in the court…”

In re R.T.W., 614 S.E.2d 489 (N.C. 2005). · cites it 15× “custody or placement” while a custody order awaits appellate review.”

Tetra Tech Tesoro, Inc. v. JAAAT Technical Servs., LLC, 794 S.E.2d 535 (N.C. Ct. App. 2016). · cites it 6× “But we reverse the trial court's contempt and sanctions orders that came after JAAAT appealed the denial of its motion to modify.”

In Re T.s., III, 631 S.E.2d 19 (N.C. Ct. App. 2006). · cites it 8× “N.C. Gen.Stat. § 1-294 (2003). N.C. Gen.Stat.”

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