Opinion
No. CA11-1015
11-30-2011
SMITH LAND CO., LLC; SPRINGHILL LAND AND TIMBER CO., LLC; AND A. LAMAR SMITH APPELLANTS v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY APPELLEE
APPEAL FROM THE COLUMBIA
COUNTY CIRCUIT COURT,
[NO. CV2008-182-4]
HONORABLE SUSAN B. OWENS
HICKEY, JUDGE
APPELLANTS' MOTION FOR
SUPERSEDEAS BOND GRANTED;
APPELLEE'S MOTION MOOT.
PER CURIAM
On October 5, 2011, an "Order for Supersedeas Bond" was entered by the circuit court, setting the amount of the bond at $208,423.00. Because the record for appeal has since been filed, jurisdiction is now with this court. Ark. R. App. P.—Civ. 8(b) (2011). Appellee John Hancock Mutual Life Insurance Company has filed a motion to set aside the order for supersedeas bond. Appellants have filed a response and motion for supersedeas bond; however, their proposed supersedeas bond is not sufficient.
If appellants desire to obtain a stay of the judgment pending the appeal, they are directed to file with the clerk of the court a supersedeas bond in proper form together with a certificate of deposit, certified check, cash, bank money order, corporate surety, or an irrevocable letter of credit in the amount of $208,423.00, and then request approval of the bond and an order staying proceedings on the judgment. See Ark. R. App. P.—Civ. 8(c) (2011); Home Mut. Fire Ins. Co. v. Jones, 62 Ark. App. 182, 969 S.W.2d 675 (1998). They are directed to do so within fourteen days of the date of this order.
Appellants' motion for supersedeas bond is granted as set forth herein.
Appellee's motion to set aside order for supersedeas bond is moot.