Ohio Revised Code

Ohio Rev. Code § 2505.09 (2026)

Stay of execution - supersedeas bond

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Except as provided in section 2505.11 or 2505.12 or another section of the Revised Code or in applicable rules governing courts, an appeal does not operate as a stay of execution until a stay of execution has been obtained pursuant to the Rules of Appellate Procedure or in another applicable manner, and a supersedeas bond is executed by the appellant to the appellee, with sufficient sureties and in a sum that is not less than, if applicable, the cumulative total for all claims covered by the final order, judgment, or decree and interest involved, except that the bond shall not exceed fifty million dollars excluding interest and costs, as directed by the court that rendered the final order, judgment, or decree that is sought to be superseded or by the court to which the appeal is taken. That bond shall be conditioned as provided in section 2505.14 of the Revised Code.

Notes of Decisions
Cited in 57 cases (16 in the last 5 years), 1954–2026 · leading case: U.S. Bank Natl. Assn. v. Lewis, 2019-Ohio-3014.
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U.S. Bank Natl. Assn. v. Lewis, 2019-Ohio-3014. · cites it 3× “{¶ 34} The trial court denied Lewis' request for a stay because she failed to post a supersedeas bond pursuant to R.C. 2505.09. R.C. 2505.09 provides that "an appeal does not operate as a stay of execution until a stay of execution has been obtained pursuant to the Rules of…”
O'Donnell v. N.E. Ohio Neighborhood Health Servs., Inc., 2020-Ohio-1609. · cites it 3× “See R.C. 2505.09; Civ.R. 62(B); App.R. 7(A), (B).”
Tuteur v. P. & F. Enter., Inc., 255 N.E.2d 284 (Ohio Ct. App. 8th Dist. 1970). · cites it 8× “Section 2505.09, Revised Code, provides: “No appeal shall operate as a stay of execution, except as provided in sections 2505.”
Crites v. Crites, 2019-Ohio-1043. · cites it 3× “4-18-03 Robyn further notes that Douglas “never filed a supersedeas bond pursuant to ORC §2505.09 or requested a stay of execution from the order.”
Irvine v. Akron Beacon Journal, 147 Ohio App. 3d 428 (Ohio Ct. App. 9th Dist. 2002). · cites it 2× “89-G-1519, 1990 WL 93138 (construing “sufficient sureties” language of R.C. 2505.09 to encompass no sureties in certain cases).”
Walther v. Walther, 657 N.E.2d 332 (Ohio Ct. App. 1st Dist. 1995). “62(B); R.C. 2505.09. While the trial court admitted its mistake in open court, it failed to act in conformity with that admission.”
Buckles v. Buckles, 546 N.E.2d 965 (Ohio Ct. App. 10th Dist. 1988). · cites it 3× “In addition, R.C. 2505.09 provides that an appeal operates as a stay only when a stay of execution has been obtained pursuant to the Rules of Appellate Procedure.”
Doran v. Heartland Bank, 2018-Ohio-1811, 112 N.E.3d 355. “09 (holding "an appeal does not operate as a stay of execution until a stay of execution has been obtained pursuant to the Rules of Appellate Procedure or in another applicable manner, and a supersedeas bond is executed by the appellant to the appellee").”
Mahoney v. City of Berea, 514 N.E.2d 889 (Ohio Ct. App. 8th Dist. 1986). · cites it 3× “” R.C. 2505.09 provides that the bond should be for an amount “not less than the amount of the judgment and interest * * *.”
Ma v. Gomez, 2023-Ohio-524, 209 N.E.3d 178. “See R.C. 2505.09; Civ.R. 62(B); App.R. 7(A), (B).”
State ex rel. Allenbaugh v. Sezon, 2022-Ohio-1718. · cites it 2× “2d 1161 (1983); R.C. 2505.09 (“Except as provided in section 2505.”
State ex rel. Klien v. Chorpening, 450 N.E.2d 1161 (Ohio 1983). “R.C. 2505.09 clearly states: “No appeal shall operate as a stay of execution * * * until a supersedeas bond is executed by the appellant to the adverse party with sufficient surety and in such sum * * * as is directed by the court making the order which is sought to be…”
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