Narrative Opinion Summary
Hiwassee College, Inc. filed an emergency motion to stay the court's June 1, 2007 order, which had granted the Southern Association of Colleges and Schools (SACS) motion for entry of judgment and directed the lifting of a temporary restraining order reinstating Hiwassee's accreditation. Hiwassee's motion sought to maintain the status quo during its appeal process and requested a waiver of the bond requirement. SACS indicated it did not oppose Hiwassee's motion. The court, presided over by District Judge Forrester, granted Hiwassee's emergency motion to stay the June 1 order, thereby staying the enforcement of the order pending the appeal to the Eleventh Circuit and waiving the bond requirement.
Legal Issues Addressed
Non-opposition to Motions in Court Proceedingssubscribe to see similar legal issues
Application: The lack of opposition from the Southern Association of Colleges and Schools (SACS) may have influenced the court’s decision to grant the motion.
Reasoning: SACS indicated it did not oppose Hiwassee's motion.
Stay of Enforcement of Court Orderssubscribe to see similar legal issues
Application: The court granted a stay on the enforcement of its own order pending appeal to maintain the status quo.
Reasoning: Hiwassee College, Inc. filed an emergency motion to stay the court's June 1, 2007 order, which had granted the Southern Association of Colleges and Schools (SACS) motion for entry of judgment and directed the lifting of a temporary restraining order reinstating Hiwassee's accreditation.
Waiver of Bond Requirement in Appealssubscribe to see similar legal issues
Application: The court waived the bond requirement for Hiwassee's motion to stay the enforcement of the order during the appeal process.
Reasoning: Hiwassee's motion sought to maintain the status quo during its appeal process and requested a waiver of the bond requirement.