Section 1.4 Recovery on a Supersedeas Bond and Liability of Surety

• Library: Creditors' Remedies (2009 Ed. + 2014 Supp)

B. (§1.4) Recovery on a Supersedeas Bond and Liability of Surety

A plaintiff may be able to obtain satisfaction of a judgment by recovery on a supersedeas bond filed to stay execution during appeal. See § 512.080, RSMo 2000; Rule 81.09. The bond is to be conditioned for the satisfaction of the judgment in full together with costs, interest, and damages for delay if for any reason the appeal is dismissed or if the judgment is affirmed. While § 512.080 provides that the bond is to be filed within 20 days after the date of the court's order to file the bond, Rule 81.09 provides that the appellant has 30 days in which to file the bond. The appellant is also required under the Rule to file a copy of the bond "with the clerk of the appellate court within ten days after...