A supersedeas bond shall be payable to the appellee or otherwise, as may be directed by the court, when the conflicting interests of the parties require it, and shall be subject to the condition that the appellant shall abide and perform the order, judgment, or decree of the appellate court and pay all money, costs, and damages which may be required of or awarded against him upon the final determination of the appeal and subject to any other conditions that the court provides. When the final order, judgment, or decee appealed is for the payment of money, the bond may provide that, if the final order, judgment, or decree is not paid upon final affirmance, it may be entered against the sureties on the bond.
Notes of Decisions
Cited in 20
cases (1 in the last 5 years), 1953–2024 · leading case: Tuteur v. P. & F. Enter., Inc., 255 N.E.2d 284 (Ohio Ct. App. 8th Dist. 1970).
Tuteur v. P. & F. Enter., Inc., 255 N.E.2d 284 (Ohio Ct. App. 8th Dist. 1970). · cites it 8דSuch bond shall be conditioned as provided in section 2505.14 of the Revised Code.” Section 2505.”
Wiltsie v. Teamor, 624 N.E.2d 772 (Ohio Ct. App. 8th Dist. 1993). · cites it 2דappeal 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 such sum,…”
Mahoney v. City of Berea, 514 N.E.2d 889 (Ohio Ct. App. 8th Dist. 1986). · cites it 3ד” R.C. 2505.14 provides that as a condition of the bond the party appealing “shall abide and perform the order and judgment of the appellate court and pay all money, costs, and damages which may be required of or awarded against' him * * *.”
In re Cletus P. McCauley & Mary A. McCauley Irrevocable Trust, 2014-Ohio-3489. “" R.C. 2505.14 states: A supersedeas bond shall be payable to the appellee or otherwise, as may be directed by the court, when the conflicting interests of the parties require it, and shall be subject to the condition that the appellant shall abide and perform the order,…”
Neal v. Gersten, 2024-Ohio-1405, 242 N.E.3d 768. · cites it 2ד{¶55} The Treasurer also argues that the payment was a satisfaction of judgment rather than a supersedeas bond, because it “was made directly to the Ross County Treasurer, rather than the Clerk of Courts.”
Ruther v. Sweeney, 137 N.E.2d 292 (Ohio Ct. App. 8th Dist. 1956). “Such bond shall be conditioned as provided in §2505.14 R. C.” Secs. 2505.11 and 2505.12 R.”
Witteman v. Dunkle, 254 N.E.2d 345 (Ohio 1969). · cites it 2ד09, Revised Code, provides that “no appeal shall operate as a stay of execution * * * until a supersedeas bond is executed * * Section 2505.14, Revised Code, provides that “the supersedeas bond # * * shall be * * * subject to a condition to the effect that the party appealing…”
Sharon Realty Co. v. Westlake, 182 N.E.2d 876 (Ohio Ct. App. 10th Dist. 1961). · cites it 2דSuch bond shall be conditioned as provided in Section 2505.14 of the Revised Code.” As indicated above, exceptions are made in the cases of three classes mentioned in Section 2505.”
Pickrel v. Hrobon, 154 N.E.2d 755 (Ohio Ct. App. 10th Dist. 1958). “Such bond shall be conditioned as provided in §2505.14 R. C.” (Emphasis added.) In a case such as this, the appellant was required to be the principal on the bond and is the one primarily liable for the full amount of judgment, interest and costs which may be ultimately found to…”
Irvin v. Eichenberger, 2020-Ohio-4962. · cites it 3דR.C. 2505.14; Civ.R. 62(B). There is no clear right to have a bond such as Eichenberger obtained returned until an appellate remand has been executed and the final amounts due between the parties are determined.”
Hunter v. Furcolow, 122 N.E.2d 643 (Ohio Ct. App. 1954). · cites it 6ד” This bond is substantially in the language of the statute providing for supersedeas bonds, which is now Section 2505.14, Revised Code. Although not in the exact language, it conforms sufficiently to the statute.”
Liberal Mkt., Inc. v. Main-Nottingham Inv. Corp., 127 N.E.2d 50 (Ohio Ct. App. 1954). · cites it 2ד09, Revised Code, refers to the execution of a supersedeas bond and expressly provides that such bond shall be conditioned as provided in Section 2505.14, Revised Code. Section 2505.”
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