Once upon a time the Gradys bought a house but could not keep up the payments. The Grady’s house was lost in a trustee’s sale held by Tri-City National Bank.  Tri-City brought an eviction proceeding and the superior court ruled for Tri-City.  The Gradys filed a timely appeal and asked the superior court to set the amount of a bond and issue a stay of the issuance of the writ of restitution pending the appeal.  The Writ is the document which would authorize the Sheriff to put the Gradys out on the street.  The superior court trial judge, erroneously, concluded that he had the discretion whether to issue the stay or not.  He decided to deny the stay.  In its opinion in Grady v. Barth, the Arizona Court of Appeals ruled that the Gradys were entitled to a stay of the issuance of a writ of restitution upon the filing of a satisfactory bond.  The Court of Appeals ordered the trial judge to set a bond and upon its posting, stay the issuance of the writ.  Whether or not the Gradys will be put out on the street is unknown at press time.