Appendix B Model Appellate Forms
Library | Handling Appeals in Arkansas (2021 Ed.) |
TIM CLEMENT and SHERRY CLEMENT, Husband and Wife PLAINTIFFS
v.
HUNTER S. GEORGE JR. DEFENDANT
No. CV-2004-574 (JF)
Hunter S. George Jr. states:
1. This Court entered its judgment on September 12, 2005.
2. Hunter S. George Jr. intends to appeal.
3. Sherry Clement will be able to execute on the judgment during the pendency of the appeal unless George posts an adequate bond to supersede the judgment until the appeal is decided.
4. Upon posting a bond acceptable to this Court, George is entitled to have the judgment superseded by the bond pending resolution of the appeal.
5. Attached is a proposed bond supported by the agreement of Allstate Insurance Company to pay an amount equal to the judgment, plus postjudgment interest, and costs should the appellate court affirm the judgment, the appellant not prosecute the appeal to a final conclusion, or if the appeal is dismissed. This agreement is supported by the attached letter dated October 7, 2005, from defendant's attorney to plaintiffs' attorney.
6. Plaintiffs' counsel agrees that the proposed bond, supported by the attached letter from defendant's counsel dated October 7, 2005, has sufficient surety and will protect Sherry Clement's interest in the judgment pending appeal.
7. George, therefore, respectfully moves the Court to enter an order staying the proceedings on the judgment pending the disposition of an appeal on the merits, accepting the attached proposed bond and letter as adequate security superseding the judgment, and directing the Clerk of this Court to issue supersedeas upon George's filing of a signed bond with the attached letter dated October 7, 2005, from defendant's counsel to plaintiffs' counsel confirming Allstate Insurance Company's agreement to pay the judgment, plus postjudgment interest and costs should the appellate court affirm the judgment.
Respectfully submitted,
[Signature Block]
[Certificate of Service]
IN THE CIRCUIT COURT OF CRAIGHEAD COUNTY, ARKANSAS
WESTERN DISTRICT CIVIL DIVISION
TIM CLEMENT and SHERRY CLEMENT, Husband and Wife PLAINTIFFS
v.
HUNTER S. GEORGE JR. DEFENDANT
No. CV-2004-574 (JF)
Allstate Insurance Company, as Principal and surety, and on behalf of Hunter S. George Jr., supported by adequate security in the form of the attached letter dated October 7, 2005, from defendant's counsel to plaintiffs' counsel confirming Allstate's agreement to pay the judgment entered September 12, 2005, plus postjudgment interest and costs on appeal, acknowledges by this instrument, its obligation to pay to plaintiff, Sherry Clement, a sum not to exceed $19,620.81, plus any postjudgment interest at the rate allowed by law per annum and costs, which is the amount required by judgment of this Court entered September 12, 2005.
This bond is filed in accordance with the requirements of the Circuit Court of Craighead County, Arkansas, as security for a stay of execution on the judgment pending appeal in this action, pursuant to ARCP 62(d) and ARAP-Civ 8.
Allstate is bound to fully satisfy the judgment of the Circuit Court, including costs and interest, if the appeal is dismissed with prejudice, if the judgment is affirmed, or if the appellant does not prosecute the appeal to a final conclusion. Allstate is also bound to fully satisfy any modification of the judgment ordered by the appellate court in conjunction with affirmance or, if the judgment should be affirmed only in part, to satisfy that part of the judgment affirmed, including costs and interest. If the appeal is dismissed without prejudice, or decided in any way that leaves the judgment intact but allows Hunter S. George Jr. to pursue his appeal after further action by this Court, then this bond shall remain intact pending the second appeal.
If the judgment is reversed, then all obligations under this bond shall be discharged. If Allstate satisfies the judgment as described above, then all obligations under this bond shall be discharged. If Allstate fails to satisfy the judgment as described above, then all obligations under this bond shall remain in full force and effect.
Dated this ___ day of October, 2005.
[Signature Block for Bonding Party]
[Acknowledgment by Notary Public]
Approved:
[Plaintiff's Signature Block]
[Defendant's Signature Block]
RICHARD MANGRUM PLAINTIFF
v.
MIKE RYAN DEFENDANT
No. CV 2006-723
1. Mike Ryan intends to appeal this Court's judgment filed on September 14, 2006.
2. Plaintiff Richard Mangrum will be able to execute on the judgment unless an adequate bond superseding the judgment is posted pending resolution of the appeal.
3. Allstate Insurance Company has filed a proposed bond and letter of assurance with this Court and moved the Court for an order staying execution on the judgment pending appeal, approving the proposed bond and letter of assurance, and authorizing the clerk of this Court to issue supersedeas.
4. Counsel for Sherry Clement has considered the proposed bond and letter of assurance and has approved both.
5. The Court finds that the proposed supersedeas bond and letter of assurance will be adequate and sufficient as a matter of law to protect Sherry Clement's interest in her judgment pending a final disposition of the appeal on the merits.
6. George is entitled to have any execution on the judgment stayed. George is further entitled to have the judgment superseded when Allstate files a signed copy of the bond attaching the signed letter of assurance. George shall do so within 14 calendar days after this order is filed.
IT IS THEREFORE ORDERED that execution on the judgment of this Court filed September 12, 2005, be stayed pending final disposition of the appeal, that the proposed bond and letter of assurance are approved, and that the clerk issue supersedeas upon George's filing of a signed bond with the signed letter of assurance attached.
DATE: __________
__________
The Honorable John Fogleman, Circuit Judge
TIM CLEMENT and SHERRY CLEMENT, Husband and Wife PLAINTIFFS
v.
HUNTER S. GEORGE JR. DEFENDANT
No. CV-2004-574 (JF)
The undersigned Clerk of the Circuit Court of Craighead County, Arkansas, hereby certifies that an appeal was taken to the Arkansas Supreme Court from the judgment filed in this Court on September 12, 2005, from the Court's August 30, 2005, order denying Hunter S. George Jr.'s motion for protective order, filed on September 12, 2005, and all other intermediate orders involving the merits that affect the judgment. The judgment is in favor of plaintiff Sherry Clement against George for $19,620.81 plus interest at the rate allowed by law per annum and costs on appeal. The undersigned Clerk further certifies that a Supersedeas bond, duly executed by Marguerite Lowery of Allstate Insurance Company, and with sufficient security attached, has been received, approved, and filed with the Court. All proceedings on the judgment are, therefore, stayed pending final disposition of the appeal on the merits. And all parties are directed to take notice thereof.
Witness my hand and official seal this ___ day of November, 2005.
By: __________
Ann Hudson, Circuit Court Clerk
Jane Doe Plaintiff
v.
John Doe Defendant
No. DR-2013-568
Defendant, John Doe, for his notice of appeal, states:
1. He is the party taking this appeal.
2. He appeals the findings of fact and conclusions of law and decree dividing marital property and debt and awarding permanent alimony and other matters entered on December 1, 2014, and the deemed denial of his December 12, 2014, motion for reconsideration.
3. He designates the complete record on appeal, including but not limited to, all pleadings, documents, letters, and all other filings with the Clerk. The only transcript he designates is the one from the October 1, 2014, hearing. He's made the financial arrangements the court reporter requires.
4. This appeal is to the Arkansas Court of Appeals.
5. He abandons any pending but unresolved claims.
DATED this ___ day of October, 2015.
[Signature Block]
[Certificate of Service]
DALE GIFFORD AND DANNY GIFFORD PLAINTIFFS
V.
FRED TANNER ET AL DEFENDANTS
NO.: CV 2005-100
Defendants Paul Dancer, Jr., Nina Norwood, Lila Montgomery, and Sue Robertson, for their notice of cross-appeal, state:
1. The parties taking this cross-appeal are defendants Paul Dancer, Jr., Nina Norwood, Lila Montgomery, and Sue Robertson.
2. This cross-appeal is from the circuit court's denial of these defendants' motion in limine filed May 13, 2005. The motion was orally denied prior to commencement of trial on May 25, 2005.
3. Appellants have already designated the entire record as the record on appeal. Therefore, this cross-appeal does not require designation of any additional record or the ordering of any transcript.
4. This cross-appeal is to the Arkansas Court of Appeals.
5. They abandon any pending but unresolved claim.
DATED this ___ day of October, 2005.
[Signature Block]
[Certificate of Service]
STATE OF ARKANSAS PLAINTIFF
V.
FERNANDO NAVARRO DEFENDANT
CR 04-2749-1
On this ___ day of October, 2006, comes the Defendant, Fernando Navarro, individually and through his attorney, Susan Lusby...
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