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Texas Supreme Court limits amount of supersedeas bond

from Lexology

One of the biggest challenges confronting a defendant that has lost a large judgment is the need to file a supersedeas bond in order to prevent execution on the judgment during the pendency of the appeal. There are good arguments for not requiring the defendant to bond the punitive damages part of such a judgment, but the courts seldom accept them. Recognising the pressure imposed on defendants by a requirement that they bond the full amount of the judgment, plus interest and costs, in 2003 the Texas legislature enacted Section 52.006 of the Civil Practice and Remedies Code, which imposes an array of limitations on the bond requirement. more


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