supersedeas bond shall be fixed at the sum as will secure the amount recovered

Wyoming Rules of Appellate Procedure

Rule: 4.05

Jurisdiction: WY

Bluebook Citation: Wyo. R. App. P. 4.05

for the use and detention of the property, the costs of the action, costs on appeal, interest, and damages for delay. When appellant has already filed a surety bond in the trial court, a separate supersedeas bond need not be given, except for the difference in amount as determined by the trial court to be attributable to the appeal. (c) When the judgment directs the execution, assignment or delivery of a conveyance or other instrument, appellant may execute, assign or deliver the conveyance or other instrument, leaving same in the custody of the clerk of the trial court in which the judgment was rendered, there to remain and abide the judgment of the appellate court, and in such case appellant shall give bond only for costs on appeal and damages for delay. (d) Executors, administrators and guardians shall be required to give a supersedeas bond. Source. — Former Rule 73(d)(1), W.R.C.P. Record insufficient for review. — In a dispute over a nuisance, review of a district court’s decision that a property owner forfeited a portion of a supersedeas bond under Wyo. R. App. P. 4.02 was not possible because the record was incomplete; it was assumed that the evi- dence presented was sufficient to support the decision. Nickle v. Bd. of County Comm’rs, 2007 WY 115, 162 P.3d 1208, 2007 Wyo. LEXIS 125 (Wyo. 2007). Posting supersedeas bond did not con- stitute payment made to trigger § 35-11- 1418(c) (reimbursement for payment made pursuant to court order arising from release of underground storage tank); the supersedeas bond constituted security provided by the judg- ment debtor to avoid execution on the judgment and did not constitute accomplished payment until an unqualified right to the proceeds ac- crued after the judgment was affirmed on ap- peal. V-1 Oil Co. v. People, 799 P.2d 1199, 1990 Wyo. LEXIS 125 (Wyo. 1990).

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