Supersedeas


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Supersedeas

The name given to a writ, a court order, from a higher court commanding a lower court to suspend a particular proceeding.

A supersedeas is a writ that suspends the authority of a trial court to issue an execution on a judgment that has been appealed. It is a process designed to stop enforcement of a trial court judgment brought up for review. The term is often used interchangeably with a stay of proceeding.

supersedeas

(sooh-purr-said-ee-uhs) Latin for "you shall desist," an order (writ) by an appeals court commanding a lower court not to enforce or proceed with a judgment or sentence pending the decision on the appeal or until further order of the appeals court.

(See: appeal, court of appeals)

SUPERSEDEAS, practice, actions. The name of a writ containing a command to stay the proceedings at law.
     2. It is granted on good cause shown that the party ought not to proceed. F. N. B. 236. There are some writs which though they do not bear this name have the effect to supersede the proceedings, namely, a writ of error, when bail is entered, operates as a supersedeas, and a writ of certiorari to remove the proceedings of an inferior into a superior court has, in general, the same effect. 8 Mod. 373; 1 Barnes, 260; 6 Binn. R. 461. But, under special circumstances, the certiorari has not the effect to stay the proceedings, particularly where summary proceedings, as to obtain possession under the landlord and tenant law, are given by statute. 6 Binn. R. 460; 1 Yeates, R. 49; 4 Dall. R. 214; 1 Ashm. R. 230; Vide Vin. Ab. h.t.; Bac. Ab. h.t.; Com. Dig. h.t.; Yelv. R. 6, note.

References in periodicals archive ?
Appeals are not cheap, particularly if the insurer must post a supersedeas bond.
1927) ("Where the judgment is, in whole or in part, other than a money judgment, the amount and condition of a supersedeas bond must be determined by the court below.
COURT'S OPINION: The Court of Appeals of Georgia affirmed the trial court's entry of judgment for Hins on the jury verdict, but reversed it on the matter of the supersedeas bond.
733, Florida Statutes, the amount of the supersedeas bond in subdivision (b)(1) is subject to modification as set forth in subdivisions (A) and (B) below:
Looney says her client does not have the assets to satisfy the judgment and, therefore, appears incapable of posting a supersedeas bond, but she's exploring her client's options.
Bel is in the process of appealing the verdict and judgment, and has been advised that the full amount of the damage award plus costs and interest must be posted as a supersedeas bond upon filing of the notice of appeal.
Given the current supersedeas bond market, both small and large companies are hard-pressed to post a bond that is the equivalent of the money judgment amount, plus two years of interest at the statutory rate.
Gordon's decision - rendered in a brief hearing in open court this morning - paved the way for Giordano to seek a writ of supersedeas from the Court of Appeals.
The proceeds from these transactions were used to establish a supersedeas bond in the amount of approximately $351,300,000 to stay the execution of the judgment entered in March in connection with the qui tam litigation in Illinois.
In order to prevent collection on that judgment during the appeal process, an appealing party may post a supersedeas bond.
4 million with the Court in lieu of a supersedeas bond and the Company is currently appealing the judgment.