§ 25-2730 — Appeal; operate as supersedeas; when; bond; criminal cases; appeal; effect

Nebraska § 25-2730

• Jurisdiction: Nebraska
• Ch. 25: Courts; Civil Procedure

Text

(1) In cases involving a money judgment or a judgment for the possession of specified personal property, no appeal shall operate as a supersedeas unless the appellant within thirty days after the entry of the judgment deposits with the clerk of the county court a cash bond or an undertaking with at least one good and sufficient surety approved by the court. In cases involving a money judgment, the bond or undertaking shall be in the amount of the judgment, costs, and estimated interest pending appeal and conditioned that the appellant shall pay the judgment, interest, and costs adjudged against him or her on appeal. In cases involving a judgment for the possession of specified personal property, the bond or undertaking shall be in an amount at least double the value of the property and conditioned that the appellant shall pay all costs and damages adjudged against him or her on appeal and deliver the property in accordance with the judgment on appeal.
(2) In appeals in cases of forcible entry and detainer, no appeal shall operate as a supersedeas unless the party appealing shall deposit an undertaking or cash bond in accordance with section 25-21,234 .
(3) In appeals in criminal cases, the execution of judgment and sentence, other than any sentence to a period of confinement, shall be suspended during the appeal. Execution of a sentence to a period of confinement shall be suspended only if (a) the county court, in its discretion, allows the defendant to continue at liberty under the prior recognizance or bail or (b) the defendant enters into a written recognizance to the State of Nebraska, with surety or sureties approved by the county court or with a cash bond, filed with the clerk of the county court. The condition of the recognizance shall be that the defendant will prosecute the appeal without delay and abide and perform the judgment and sentence of the district court. Upon the filing of the notice of appeal, the county court shall fix the amount of the recognizance or cash bond, which shall be a reasonable amount. The cash bond shall be returned upon the fulfillment of the conditions of the bond.
(4) In appeals in cases under the Uniform Residential Landlord and Tenant Act, no appeal shall operate as a supersedeas of any writ of restitution unless the defendant deposits an undertaking or cash bond in accordance with section 76-1447 .
(5) In all other cases, perfection of an appeal shall not stay the proceedings.
(6) In any case, the district court, on motion after notice and hearing and upon such terms as justice shall require, may stay any order or judgment appealed from, order a renewal or additional surety of an undertaking, or order the amount of the undertaking or recognizance increased or decreased. The action of the district court shall be certified by the clerk to the clerk of the county court.

Legislative History

Source: Laws 1981, LB 42, § 3; Laws 1984, LB 13, § 21; Laws 1986, LB 529, § 13; R.S.Supp.,1988, § 24-541.03; Laws 1993, LB 782, § 1; Laws 1995, LB 538, § 4; Laws 1999, LB 43, § 16. Cross References: Uniform Residential Landlord and Tenant Act, see section 76-1401. Annotations: Language in subsection (6) of this section authorizing the district court to order the amount of the bond undertaking increased or decreased permitted the reduction of the appeal bond to a recognizance bond secured by a signature. State v. Griffin, 270 Neb. 578, 705 N.W.2d 51 (2005). In order to prove right to attorney fee, attorney for special administrator and successor personal representative must show services were performed when supersedeas was not in effect. In re Estate of Wagner, 222 Neb. 699, 386 N.W.2d 448 (1986).