Georgia Appellate Practice Handbook - Alston & Bird LLP

GEORGIA APPELLATE PRACTICE HANDBOOK
as to counterclaims, cross claims and third party complaints or the grant and appeal of partial
summary judgments.” 63
§ 5.7 Supersedeas Bond
§ 5.7.1 Bond Required Upon Motion of Appellee
A supersedeas bond is not automatically required in cases in which a notice of appeal has
been fi led and costs have been paid. Nevertheless, “upon motion by the appellee, made in the trial
court before or after the appeal is docketed in the appellate court, the trial court shall require that
supersedeas bond or other form of security be given.” 64 Generally, a supersedeas bond should be in
an amount suffi cient to satisfy: (i) the judgment in full; (ii) costs; (iii) interest; and (iv) damages for
delay, if the appeal is found to be frivolous. 65 In cases where the judgment is for “the recovery of
money not otherwise secured,” a supersedeas bond shall be fi xed in an amount suffi cient to satisfy:
(i) the whole amount of the judgment remaining unsatisfi ed; (ii) costs on the appeal; (iii) interest;
and (iv) damages for delay, unless the court, for good cause shown, fi xes a lesser amount. 66 Finally,
in cases where the judgment “determines the disposition of the property in controversy as in real
actions, trover, and actions to foreclose mortgages,” a supersedeas bond shall be fi xed in an amount
only as will secure: (i) the use and detention of the property; (ii) the costs of the action; (iii) costs
on appeal; (iv) interest; and (v) damages for delay. 67
In a civil case, regardless of the legal theory asserted, the type of damages awarded, and
the number of parties, “the total supersedeas bond or other form of security that is required of all
appellants collectively shall not exceed $25 million regardless of the value of the judgment.” 68
63 Cohran v. Carlin, 249 Ga. 510, 512, 291 S.E.2d 538, 540 (1982).
64 O.C.G.A. § 5-6-46(a) (emphasis added). Under prior law, motions to require a bond were to be directed
to the trial court before the appeal was docketed and to the appellate court after the appeal was docketed.
This is no longer the case. Ruffi n v. Banks, 249 Ga. App. 297, 297, 548 S.E.2d 61, 61 (2001) (holding
that the trial court did not err in requiring supersedeas bond after appeal was docketed in the appellate
court).
65 O.C.G.A. § 5-6-46(a).
66 Id.
67 Id.
68 O.C.G.A. § 5-6-46(b). If the court fi nds that the party on whose behalf a supersedeas bond requirement
has been limited to $25 million is dissipating or secreting assets, or diverting assets outside the ordinary
course of business to avoid payment of a judgment, the court may require the appellant(s) to post a bond
or other form of security in an amount “not to exceed the total amount of the judgment.” O. C.G.A.
§ 5-6-46(f).
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