Bond Penalty Follows Statutory Surety Bond Formula
An Alabama supersedeas bond is required of all appellants when he or she seeks to stay collection of a judgment during the pendancy of an appeal. Rule 8. of the Alabama Rules of Appellate Procedure is clear that baring very limited exceptions (Rule 62(e), Ala.R.Civ.P.) a supersedeas bond with "good and sufficient sureties" must be filed with the trial court in the venue of the original judgment and payable to the appellee. The surety bond guarantees "satisfaction of the judgment" however as in most jurisdictions there is a statutory formula for determining the bond penalty (amount). The appellate manual details the formula with reference to the judgment:
If for the payment of money only, the Alabama supersedeas bond must be in an amount equal to 150% of the amount of the judgment if the judgment does not exceed $10,000.00, or 125% if the judgment exceeds $10,000.00;
For the payment of money and also for the performance of some other act or duty, or for the recovery or sale of property or the possession thereof, in such sum, in addition to the sum required for money judgments only in (1) above, as the trial court may in writing prescribe; or if appellant wishes to supersede the judgment as to the payment of money only, the requirements of (1) above shall apply;
Only for the performance of some act or duty, or for the recovery or sale of property or the possession thereof (or if the judgment includes the payment of money and the appellant does not wish to supersede the judgment in that respect), in such sum as the trial court may in writing prescribe. The approval of the supersedeas bond by the clerk of the trial court, unless contested by the opposing party, shall constitute a stay of the judgment when the judgment is for the payment of money only, or the payment of money and some other act and the appellant wishes to supersede the judgment as to the payment of money only.
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