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 ?
A: Supersedeas bond is equivalent to the amount of rentals, damages and cost stated in the judgment.
Appeals are not cheap, particularly if the insurer must post a supersedeas bond.
In most civil cases, an appeal from a judgment does not stay enforcement of proceedings in the circuit court unless the appellant executes a supersedeas bond in an amount and form approved by the circuit court or otherwise complies with the applicable rules for obtaining a stay.
45) See, for example, "Petition for a Writ of Supersedeas to the Superior Court for Shasta County and Hon.
An appeal bond (sometimes called a supersedeas bond) is the most common form of security.
Hins argued that the trial court erred when it denied her motion for a supersedeas bond.
The state quickly amended its appeal bond statute to eliminate the requirement that a supersedeas bond for the full amount be posted to prevent execution on the judgment pending appeal.
They routinely block the use of stays by fixing supersedeas bonds in amounts exceeding what objectors can post.
045, Limitations on supersedeas bond; exception, Florida Statutes (2006).
County court appeals ordinarily proceeded by a writ of supersedeas commanding the sheriff to stop execution of the judgment below and to give notice of a rehearing in the superior court.
228) Exxon subsequently appealed and obtained a stay of execution by posting a supersedeas bond in the amount of $6.