Supersedeas

(redirected from Supersedeas bond)
Also found in: Dictionary, Wikipedia.

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.

Mentioned in ?

References in periodicals archive ?

The supersedeas bond shall be transmitted by the lower trial court, with the papers, to the clerk of the Regional Trial Court to which the action is appealed.

Dealing with informal settlements

The supersedeas bond was posted by PAL when it assailed the February 2011 order of the Labor Arbiter granting the issuance of an Alias Writ of Execution and ordering PAL to pay a total of P650 million in monetary award in favor of the retrenched employees of PAL.

IC okays release of P650-million collateral for PAL's retrenchment case in 1998

Appeals are not cheap, particularly if the insurer must post a supersedeas bond. Thus, claim handlers should be aware of the amount of money required to stay execution on the judgment.

A quick summary of the legal factors that can impact insurance claims

sufficient supersedeas bond. (2) Prior to the wave of reform beginning

The applicability of state appeal bond caps in suits brought in federal courts pursuant to diversity jurisdiction

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.

Appellate practice in the South Dakota Supreme Court

has failed to post a supersedeas bond. The purpose of Rule 7 appears to

Power, protocol, and practicality: communications from the district court during an appeal

65.1-151(d) ("a supersedeas bond shall be 125 percent of the amount of the judgment unless the Court otherwise orders").

Staying enforcement of a money judgment pending appeal: an overview

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. The court held, inter alia, that it had to review "the judgment entered by the trial court after approval of the jury verdict upon the 'any evidence test,' absent any material error of law." So viewed, the record showed that on July 21,2000, the nurse practitioner was administering pain medication by injection when Hins exclaimed that she could "taste" the medicine, complained of shortness of breath, and began to cough and spit up blood..

GA: nurse's injection for pain causes injuries: judgment on jury verdict in excess of $1 million

Except in class actions subject to section 768.733, 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:

Amendments to the appellate rules

Owners filed no supersedeas bond or otherwise obtained a stay of this order pending appeal.

LEGAL ASPECTS OF PUBLIC WORKS

Another factor is whether defendants post a supersedeas bond, a form of security for the judgment amount that assures payment if appeals are unsuccessful.

Harvest wins symbolic, monetary victory; jury awards company nearly $8.6 million in damages

Ed and his co-defendants admit that they posted the supersedeas bond beyond the period to perfect an appeal, but claimed that it was the MTCC, which belatedly fixed the amount.