Section 512.080

Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 512

Effective - 28 Aug 1983   

  512.080.  Appeals to stay execution, when — bond. — 1.  Appeals shall stay the execution in the following cases:

  (1)  When the appellant shall be a personal representative, guardian, or conservator, and the action shall be by or against him as such, or when the appellant shall be a county, city, town, township, school district, or other municipality;

  (2)  When the appellant, at or prior to the time of filing notice of appeal, presents to the court for its approval a supersedeas bond which shall have such surety or sureties as the court requires.  The court may also at or prior to the time of filing notice of appeal, by order of record, fix the amount of the supersedeas bond and allow appellant reasonable time, not exceeding twenty days, from the date of the order to file the same subject to the approval of the court or clerk, and such appeal bond, approved by the court or clerk and filed within the time specified in such order, shall have the effect to stay the execution thereafter.  If any execution shall have been taken prior to the filing of the bond as so approved by the court or clerk, the same shall be released.

  2.  The bond shall be conditioned for the satisfaction of the judgment in full together with costs, interest, and damages for delay, if for any reason the appeal is dismissed or if the judgment is affirmed, and to satisfy in full such modification of the judgment and such costs, interest, and damages as the appellate court may adjudge and award.  When the judgment is for the recovery of money not otherwise secured, the amount of the bond shall be fixed at such sum as will cover the whole amount of the judgment remaining unsatisfied, costs on the appeal, interest, and damages for delay, unless the court after notice and hearing and for good cause shown fixes a different amount or orders security other than the bond.  When the judgment determines the disposition of the property in controversy as in real actions, replevin, and actions to foreclose mortgages, or when such property is in the custody of the sheriff, or when the proceeds of such property or a bond for its value is in the custody or control of the court, the amount of the supersedeas bond shall be fixed at such sum only as will secure the amount recovered for the use and detention of the property, the costs of the action, costs on appeal, interest, and damages for delay.  The bond shall indicate the addresses of the sureties.

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(L. 1943 p. 353 § 132, A.L. 1983 S.B. 44 & 45)