2001 Regular Session
By: Senator(s) Robertson, Ross, Minor, Gordon, Michel, Chaney, Johnson (19th), Nunnelee, Gollott, Moffatt, Hamilton, White (29th), Posey, Dearing, Burton, Kirby, Hewes, Carlton
Senate Bill 2791
AN ACT TO AMEND SECTION 11-51-59, MISSISSIPPI CODE OF 1972, TO LIMIT THE AMOUNT OF THE BOND FOR STAY OF EXECUTION WHEN AN APPEAL IS TAKEN IN A CIVIL ACTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 11-51-59, Mississippi Code of 1972, is amended as follows:
11-51-59. (1) When an appeal shall be taken, and bond for stay of execution given, the clerk shall not issue execution on the judgment or decree appealed from until such stay shall end or be discharged. If execution had been issued before the bond for stay of execution was given, the clerk shall issue a command to the officer in whose hands the execution may be to desist from enforcing it, and to surrender any property seized under it to the person from whom it was taken or who may be entitled to it.
(2) Notwithstanding Section 11-51-31 or any other provision of law, if an appeal shall be taken in a civil action in which a judgment of any kind has been entered, regardless of the amount or kind of damages awarded or the legal theory, and a bond for stay of execution is sought, the amount of the bond shall be determined in accordance with rules of the Supreme Court, except that in no event shall the amount of the required bond or equivalent surety exceed One Hundred Million Dollars ($100,000,000.00) regardless of the amount of the judgment. The bond limit established in this section shall be increased or decreased every ten (10) years commencing July 1, 2010, in accordance with changes in the Consumer Price Index of the federal Bureau of Labor Statistics.
(3) Nothing in this section or any other provision of law shall be construed to eliminate the discretion of the court, for good cause shown, to set the bond on appeal in an amount lower than that otherwise established by law.
SECTION 2. This act shall take effect and be in force from and after its passage and shall further apply to all actions pending on or after that date.