Opinion
NO. 2019 CW 1077
08-23-2019
RUDOLPH DEMPSEY, JR., ELIZABETH DEMPSEY GOODLOW AND MILLIE HAMILTON HARRIS v. AMOS HAMILTON
In Re: Amos Hamilton, applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, No. 96334. BEFORE: HIGGINBOTHAM, PENZATO, AND LANIER, JJ.
WRIT GRANTED WITH ORDER; STAY DENIED. We find that the trial court abused its discretion in increasing the suspensive appeal bond to $700,000. Pursuant to La. Code Civ. P. art. 2124(B)(3), a trial court shall fix security "at an amount sufficient to assure the satisfaction of the judgment, together with damages for the delay resulting from the suspension of the execution." Plaintiffs, as the movers, introduced no evidence or documentation regarding the amount of damages that they would suffer resulting from suspension of the execution of the judgment being appealed, and there was no evidence establishing the sufficiency or insufficiency of the original bond amount. See La Code Civ. P. arts. 963 and 5123. However, we find that the original suspensive appeal bond set at $1,000 was insufficient and further find that the bond should be determined by the interest plaintiffs could earn on the money realized by any sale of property contemplated in the judgment suspensively appealed. Palmisano v. Lake Forest Boulevard Med. Dev., 413 So.2d 913 (La. App. 4th Cir. 1982); Ingolia v. Pique, 139 So.2d 34 (La. App. 4th Cir. 1962). Accordingly, the trial court's July 26, 2019 judgment increasing the suspensive appeal bond in this case to $700,000 is vacated, and the suspensive appeal bond is hereby reduced to $130,635, which is the product of three-fourths of the appraised value of the land ($2,177,250) and the current judicial interest rate of 6% for a period of one year. La. R.S. 9:3500(B)(1); La. R.S. 13:4202(B). Defendant is ordered to post the supplemental bond within four days, exclusive of legal holidays, of the date of this court's action in accordance with La. Code Civ. P. art. 5124.
TMH
AHP
WIL
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT