The moving party husband sought leave to appeal an order restraining him from depleting assets, requiring a certificate of pending litigation, and ordering him to post a $4 million letter of credit under sections 12 and 40 of the Family Law Act.
He also sought a stay of the order.
The Divisional Court granted leave to appeal solely on the issue of whether the court has jurisdiction under the Family Law Act to order the posting of a bond or letter of credit, finding good reason to doubt the correctness of that specific relief.
The court also granted a stay of the requirement to post the letter of credit pending the appeal.