Legal Question in Business Law in Kentucky

Appeals

If you are a business owner & you lost a jury case, but you are appealing (and have a good case), how do you stop the plantiff from putting leans on property, ect... How can a business run while I'm appealing? What can I do? My attorney says there's something called a supercidious bond, but I cannot find anyone which still writes them. Please give me any advice you can.


Asked on 10/16/02, 3:37 pm

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: Appeals

It is called a "supersedas bond". It is a bond that you would put up to provide for payment of the judgment should you lose the appeal. Unless you post it, the prevailing party can proceed with collection, including the placing of liens, etc on and the sale of your property. It can be posted in several ways; (1) cash in the amount of judgment and probable costs (2) property of the same value or more, or (3) insurance. Most large insurance agencies would be able to underwrite this for you but it is expensive and under some circumstances will also tie up all of your property.

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Answered on 10/16/02, 4:06 pm


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