When an appeal is permitted by law from a district court to an appellate court a Kansas supersedeas bond is required if the appellant wishes to stay the judgment against him. Whenever an appellant desires such stay on appeal, such appellant may present to the district court for its approval a Kansas supersedeas bond which shall have such surety or sureties as the court requires. The bond shall 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, and to satisfy in full such modification of the judgment such costs, interest, and damages as the appellate court may adjudge and award. When the judgment is for the recovery of money not otherwise secured, the amount of the Kansas supersedeas bond shall be fixed at such sum as will cover the whole amount of the judgment remaining unsatisfied, costs on the appeal, interest, and damages for delay, unless the court after notice and hearing and for good cause shown fixes a different amount or orders security other than the bond. When the judgment determines the disposition of the property in controversy as in real actions, replevin, and actions to foreclose mortgages or when such property is in the custody of the sheriff or when the proceeds of such property or a bond for its value is in the custody or control of the court, the amount of the Kansas supersedeas bond shall be fixed after notice and hearing at such sum only as will secure the amount recovered for the use and detention of the property, the costs of the action, costs on appeal, interest, and damages for delay. When an order is made discharging, vacating, or modifying a provisional remedy, or modifying or dissolving an injunction, a party aggrieved thereby shall be entitled, upon application to the judge, to have the operation of such order suspended for a period of not to exceed 10 days on condition that, within such period of 10 days such party shall file a notice of appeal and obtain the approval of such Kansas supersedeas bond as is required (KS App. Proc. 60-2103). Pursuant to (2)(a) of the same section, if the appeal is based on any legal theory the supersedeas bond is normally set at the full amount of the judgment however if the appellant proves by a preponderance of the evidence that setting the supersedeas bond at the full amount of the judgment will result in the appellant suffering an undue hardship or a denial of the right to an appeal, then the court may reduce the amount of the supersedeas bond. If the judgment exceeds $1,000,000 in value, the Kansas supersedeas bondshall be set at a total of $1,000,000 plus 25% of any amount in excess of $1,000,000. Kansas surety leader, Surety One, Inc. is the most responsive and agile underwriter of supersedeas bonds (appeal bonds) in the nation. Our in-house authority is UNMATCHED, ANYWHERE. Visit SuretyOne.com, call (787) 333-0222 or (800) 373-2804, or email Underwriting@SuretyOne.com for further information about a Kansas supersedeas bond, appeal bond or any surety need.
