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Judge Rejects Able's Request For A Stay Of Execution Of SIRIT's Judgment Without The Posting Of Bond And Additional Security.


Business Editors

TORONTO--(BUSINESS WIRE)--June 21, 2000

At a hearing conducted in Miami, Florida “Miami” redirects here. For the Native American tribe, see Miami tribe.

Miami is a major city in southeastern Florida, in the United States. It is the county seat of Miami-Dade County. Miami is a gamma world city with an estimated population of 404,048.
 on June 19, 2000, the Honorable Alan S. Gold rejected the request of Able Telecom Holding Corp. ("Able") that, in light of its allegedly precarious financial condition, it be granted a stay of execution of the $31.2 Million (U.S.) Judgment entered against it by the Court on May 16, 2000, without the posting of a supersedeas bond A bond that a court requires from an appellant who wants to delay payment of a judgment until the appeal is over.

An appellant's bond to stay execution on a judgment during the pendency of the appeal. Fed. R. Civ. P. 62(d); Fed. R. App. P. 8(b).
 and other additional security. By Order entered on June 20, 2000, Judge Gold granted Able a stay until June 27, 2000 to post a $4.8 Million (U.S) supersedeas bond -- the minimum amount that even Able agrees it must pay SIRIT-- which serves as a guarantee to SIRIT. The Court also ruled that "[i]n addition to the bond, defendant Able shall be required to satisfy reporting requirements to the court and to [SIRIT] in order to provide additional security against possible fraudulent transfers." Thus, the Court required Able to provide the Court and SIRIT notice when it transfers $250,000 (U.S.) or more to any division or subsidiary of Able or to any third party. Further, the Court "reserve[d] the right to increase the bonding requirement if it should become apparent that [Able] is engaging in a pattern to divest itself of assets." The Court also emphasized: "If at any time, [Able] should fail to meet the reporting requirements, should fail to post a bond, or should fail to meet any increases in bonding requirements ordered by the court, the court shall immediately lift the stay and [SIRIT] may begin execution on the judgment."

As further protection of SIRIT's rights, the Court also directed that SIRIT would be allowed to record (but not execute on) its Judgment in any jurisdiction, thus creating a secured interest in Able's assets, and that SIRIT shall have the right to observe in person all Able board meetings.

At both the hearing conducted on June 19, 2000, and in its Order of June 20, 2000, the Court took pain to emphasize that "[t]he parties should not construe construe v. to determine the meaning of the words of a written document, statute or legal decision, based upon rules of legal interpretation as well as normal meanings.  the decision today on the amount of the bond as a decision on the merits An ultimate determination rendered by a court in an action that concludes the status of legal rights contested in a controversy and precludes a later lawsuit on the same Cause of Action by the parties to the original lawsuit.  of the pending post-trial motions for additur, remittitur and judgment as a matter of law Judgment as a matter of law (JMOL) is a motion made by a party, during trial, claiming the opposing party has insufficient evidence to reasonably support its case. JMOL is similar to summary judgment, which is a motion made before trial. ." Indeed, the Court emphasized that if it sustains SIRIT's judgment it will order a corresponding increase in Able's bonding requirement.

In order to make a determination on the pending motions, the Court directed each of the parties to file proposed findings of fact findings of fact n. (See: finding)  and conclusions of law on July 10, 2000, but indicated that he is not likely to render a final decision until mid-August. SIRIT remains confident that the Judgment it obtained on May 16, 2000, is fully supportable under the law and will be sustained by the Court.

SIRIT focuses its business on wireless, e-commerce payment solutions and identification systems in the transportation industry using radio frequency technology. SIRIT designs, develops and manufactures a range of radio frequency identification See RFID.  products marketed as the IDentity Series including IDentity HandsFree, IDentity Flex, and IDentity Title 21. SIRIT is the largest supplier of Title 21 compliant products to the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area.  market.

SIRIT has 34,082,843 million common shares outstanding on a fully diluted basis.

For more information contact: Michael Briand, President and CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board. , SIRIT Corp., Markham, Ontario Markham (2006 Population 261,573[0]) is located in York Region, directly north of Toronto, and is part of Toronto's CMA. It is larger than many Canadian cities. Despite its qualifications regarding population, it has not had the title of city conferred upon it by the  at (800) 498-8760, FAX (905) 940-4405 or e-mail "mbriand@siritcorp.com"

No Stock Exchange, Securities Commission or Other Regulatory Authority has Approved or Disapproved the Information Contained Herein.
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Copyright 2000, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Geographic Code:1USA
Date:Jun 21, 2000
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