512.080. Appeals to stay execution, when — bond. — 1. Appeals shall stay the execution in the following cases:
(1) When the appellant shall be a personal representative, guardian, or conservator, and the action shall be by or against him as such, or when the appellant shall be a county, city, town, township, school district, or other municipality;
(2) When the appellant, at or prior to the time of filing notice of appeal, presents to the court for its approval a supersedeas bond which shall have such surety or sureties as the court requires. The court may also at or prior to the time of filing notice of appeal, by order of record, fix the amount of the supersedeas bond and allow appellant reasonable time, not exceeding twenty days, from the date of the order to file the same subject to the approval of the court or clerk, and such appeal bond, approved by the court or clerk and filed within the time specified in such order, shall have the effect to stay the execution thereafter. If any execution shall have been taken prior to the filing of the bond as so approved by the court or clerk, the same shall be released.
2. 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 and 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 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 supersedeas bond shall be fixed 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. The bond shall indicate the addresses of the sureties.
Notes of Decisions
St. Louis Hous. Auth. v. Barnes, 375 S.W.2d 144 (Mo. 1964).
· cites it 3× “Appellants here contend that, inasmuch as they are administrators, they were not required, as a condition for suspension of the court’s judgment, to file a bond, citing Section 512.080, RSMo 1959, .V.A.M.S., and Civil Rule 82.”
State Ex Rel. Jarboe v. Holt, 444 S.W.2d 857 (Mo. 1969).
· cites it 4× “Relators assert that they continued to manufacture certain of the products enumerated in respondent's order of October 4, 1967, on the supposition that the approval and filing of the bond stayed the injunction pending final determination on appeal.”
Butler v. Butler, 698 S.W.2d 545 (Mo. Ct. App. 1985).
· cites it 2× “00 supersedeas bond in connection with his appeal of the temporary order violated § 512.080 RSMo Cum.Supp.1984 which makes the filing of such a bond optional at the choice of the husband.”
Deana Lee Davis v. Matthew Cary Davis, 475 S.W.3d 177 (Mo. Ct. App. 2015).
· cites it 2× “09(a); § 512.080, RSMo 2000). In this case, Father appeared before the court on July 25, 2014, and posted an appeal bond in the amount of $55,000 purportedly to secure his release.”
B.M.P. v. G.H.P., 612 S.W.2d 843 (Mo. Ct. App. 1981).
· cites it 3× “Petitioner argues that the filing of the supersedeas bond pursuant to Section 512.080 RSMo 1978 stayed enforcement of the dissolution decree’s award of custody and thereby entitled her to retain physical custody of the child pending the appeal.”
State ex rel. Brickner v. Saitz, 664 S.W.2d 209 (Mo. 1984).
· cites it 2× “The rule was adapted with modifications which are purely editorial from § 512.080, RSMo 1978. The rule, therefore, comprehends both substance and procedure.”
Marriage of Smith v. Smith, 676 S.W.2d 65 (Mo. Ct. App. 1984).
· cites it 2× “§ 512.080, RSMo 1984 Suppl. The cases cited by appellant do not deal with the proposition that an appeal precludes enforcement of the trial court’s judgment by civil contempt order where no supersedeas was filed and no payment of the judgment made.”
State Ex Rel. Stone v. Ferriss, 369 S.W.2d 244 (Mo. 1963).
· cites it 2× “” The question for determination on the merits of the motion is whether, when relator appealed from the decree entered in the divorce case and filed supersedeas bond, in the amount and with sureties as required by the court and as prescribed by § 512.”
Green v. Perr, 238 S.W.2d 922 (Mo. Ct. App. 1951).
· cites it 2× “However it is to be borne in mind that Section 512.080 is not limited to appeals in child custody cases, but applies with equal force to every kind of appeal in which a bond may be required to stay execution of the judgment.”
State ex rel. Behle v. Stussie, 826 S.W.2d 71 (Mo. Ct. App. 1992).
· cites it 2× “In its suggestions in opposition to the petition the Commission stated that it had taken possession of the property November 26 and has commenced and is currently engaged in the completion of State Route 115. The Highway Commission, representing the respondent, justifies the…”
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