No. 25-929

Joseph Sheely, et al. v. Harold R. Feezle, et al.

Lower Court: Sixth Circuit
Docketed: 2026-02-06
Status: Pending
Type: Paid
Response Waived
Tags: 6th-circuit appeal-bond appellate-procedure due-process equal-protection statutory-rights
Latest Conference: 2026-02-27
Question Presented (from Petition)

Issue I: Whether a district court's imposition of an appeal bond for the express ed purpose of inhibiting appellants ' pursuit of their statutory right of appeal , by factoring speculative or legally prohibited costs into determining the bond amount contrary to F.R.A.P. 7 , is reviewable on motion in the affected, pending appeal as an alternative to filing an entirely new appeal , where the 6th Circuit's contrary reasoning create s both a split of authority among circuits and a dichotomy between the appellate rights of the wealthy and non -wealthy contrary to 5th and 14th Amendment equal protection principles .

Issue II: Whether the 6th Circuit's dismissal of Petitioners' merits appeals for failure to file appeal bond, without providing Petitioners' a reasonable opportunity to post bond after dismissing their separate bond appeal and denying reconsideration of their motions to eliminate bond, violated binding precedent s and was predicated on specious reasoning.

Question Presented (AI Summary)

Whether a district court's imposition of an appeal bond that inhibits appellants' pursuit of their statutory right of appeal, contrary to F.R.A.P. 7, is reviewable on motion in a pending appeal, and whether the 6th Circuit's dismissal of merits appeals for failure to post bond violates appellate precedent

Docket Entries

2026-02-11
DISTRIBUTED for Conference of 2/27/2026.
2026-02-10
Waiver of Harold R. Feezle, et al. of right to respond submitted.
2026-02-10
Waiver of Norfolk Southern Corporation; Norfolk Southern Railway Company of right to respond submitted.
2026-02-10
Waiver of right of respondent Harold R. Feezle, et al. to respond filed.
2026-02-10
Waiver of right of respondents Norfolk Southern Corporation; Norfolk Southern Railway Company to respond filed.
2026-02-02
Petition for a writ of certiorari filed. (Response due March 9, 2026)

Attorneys

Harold R. Feezle, et al.
Paul D. ClementClement & Murphy, PLLC, Respondent
Norfolk Southern Corporation; Norfolk Southern Railway Company
Alan Evan SchoenfeldWilmer, Cutler, Pickering, Hale and Dorr, LLP, Respondent
Rev. Joseph Sheely, et al.
Allan S. FalkAllan Falk, PC, Petitioner