It is a well-recognized principle of appellate law that merely filing a notice of appeal does not completely divest the trial court of jurisdiction and will not stay the enforcement of an order appealed. Instead, the trial court “retains all jurisdiction [that] does not conflict with the jurisdiction of the appellate court,” including jurisdiction that “would aid in the execution of the appealed judgment.” Without a stay of execution or enforcement of that order pending appeal, the judgment creditor, in the case of a money judgment, can execute on the judgment and any pending appeal will become moot. The same is true where the judgment is one for injunctive relief because “equity cannot enjoin that which has been accomplished.” Seeking a stay following final judgment is ordinarily not an issue when the judgment rendered is one that resolves
all claims against all parties. The appealing party merely moves for a stay in the trial court under Civ.R. 62(B)6 and, if denied, can seek a stay in the appellate court under App.R. 7(A). If the order involves one where a supersedeas bond is required, the stay becomes effective when the bond is approved by the court. Read the article here.