appeal bond

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Question

Country: United States of America
State: Texas

I lost at a summary judgment hearing and dependent was awarded monetary judgment. I need to appeal but understand that I must put up a bond to do so. I have spent all money I have to fight this wrongful foreclosure - no bond money...Eviction is in two days - HELP! Feel I can win appeal. Have owned home for many years - will bankruptcy stop eviction and set aside bond so I can file appeal?

Answer

Bankruptcy will delay it and that may help--but will not stop foreclosure completely; you can still file/sue after they foreclose if need be--

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References in periodicals archive ?

Such written confirmation excuses the requirement to provide an appeal bond. Jeng, therefore, did not deposit funds with the court.

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An appeal bond is a court surety bond utilized to protect the opposing party in a civil appeal case.

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He emphasized that he "voluntarily revoked his appeal bond so that he could be prepared to start the 86th Legislative Session on time." His appeals had been exhausted in state courts, with the Texas Court of Criminal Appeals denying to hear his case in May and then again rejecting a motion for a rehearing in July.

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The panel also ordered the club to forfeit a PS500 appeal bond.

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Nearly a century ago, the Minnesota Supreme Court held that if a notice of appeal was timely served and filed, the failure of the appellant to also timely file the required appeal bond and pay the required appeal fee within the same time limit was not jurisdictional.

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The state had argued Johnson should not get time credit because he was not in the custody of a correctional facility as stated in the Maryland Criminal Procedure Article while at home on a $25,000 appeal bond. A Baltimore City Circuit Court judge had accepted that argument, but the Court of Special Appeals disagreed.

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He would go on to serve only two days in jail. Johnson was out on appeal bond for five years before the Court ruled.

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Hanna-Prong Analysis of Rule 62(d) and State Appeal Bond

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

"Taia appeared before a disciplinary tribunal again this evening to contest the severity of the suspension, but after taking all submissions into consideration, the committee deemed the original sanction of a three-match ban appropriate and ordered the forfeit of a PS200 appeal bond."

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(11) This type of bond is called a supersedeas bond or an "appeal bond." The purpose of such a bond is to "protect the party in whose favor judgment was entered by assuring its payment" should the appeal prove unsuccessful.

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If a final judgment remains unpaid for 30 days, the judgment creditor would have a choice of collecting on the appeal bond posted in their case, or having the stay against the appellant lifted.