James Brewer v. Dick Lavy Farm LLC et. al.

Headnotes

H1: Civil Procedure > Stays of Judgments > Appellate Stays > Supersedeas Bonds

                See Ohio Rule of Civil Procedure 62(B)

For a stay of execution of a judgment under ORCP 62(b), an “adequate supersedes bond” could be reasonably construed to mean no bond at all, if the trail court felt that none was necessary. 

 

Summary of Case

Procedural Posture: Plaintiff was granted judgment against the defendant in a previous matter. Defendant now comes before the Court for a stay of execution of the judgment previous granted, so that Defendant can appeal the decision. Defendant has also asked the court that no supersedeas bond be required. 

Outcome: The Court finds that the request for stay is reasonable and grants the request. The Court also finds that according to Civil Rule 62(B), in the absence of a supersedeas bond being posted with the Clerk of Courts, the Court could not stay execution of the judgment. A supersedeas bond is approved in the amount of $5,000, which Defendant may deposit with the Clerk of Courts. 

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