Kenneth Edlin v. M/v Truthseeker, and Emil Damia Cecilia Damia

The question presented here is whether a party, after obtaining a favorable judgment in district court and successfully defending that judgment on appeal, may return to the district court to obtain compensation for expenses allegedly incurred during the appeal which exceeds the amount of the posted su-persedeas bond. The district court concluded that it did not have jurisdiction to consider such a request, and denied relief on that ground. We conclude that even if the district court had jurisdiction, it lacked the authority to grant the requested relief. Accordingly, we affirm.

I.

On March 14, 1990, the district court granted summary judgment in favor of plaintiff Kenneth Edlin in this in rem proceeding, and ordered foreclosure of the mortgage on the vessel M/V TRUTHSEEKER to pay an outstanding promissory note payable to Ed-lin. Defendants Emil and Cecilia Damia appealed the district court’s order and received a stay of execution by posting a $40,000 supersedeas bond pursuant to Federal Rule of Civil Procedure 62(d). We affirmed the district court’s entry of summary judgment. Edlin v. Damia, No. 90-15555, 1991 WL 172417 (9th Cir. Sept. 4, 1991) (unpublished). We also denied…