Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: fella

I was watching a show the other day on RFD-TV. Which showed how cattle farmers, who cared more about the land the some of these so-call enviros. Were not going to be able to pass their farms down to their children, because of these so called enviro laws.

It's enuff to piss one off..


41 posted on 01/30/2005 6:44:52 PM PST by Refinersfire
[ Post Reply | Private Reply | To 11 | View Replies ]


To: Refinersfire
I hope he uses the judgment to take possession of the mailing list and corporate name. I doubt the environwakos will have the money to pay OR the money to post the bond in order to appeal.

This is the specifi AZ statute:


12-1160. Appeal; stay of proceedings; bond

A. Any time within thirty days from filing an interlocutory or final order or judgment by the court, any person or persons of record in the action who have filed exceptions at any stage of the action within the time and in the manner specified, may appeal therefrom, but only with respect to those questions or issues which were raised by the exceptions.

B. The taking of an appeal shall not operate to stay the action, except when the person or persons appealing have obtained a stay of execution of the judgment or order appealed from. In such event the proceedings shall be stayed only with respect to the person or persons appealing and as to their respective interests in the action. Upon taking an appeal, the action shall be deemed severed as to the person or persons appealing and their respective interests in the action.

C. An interlocutory or final order or judgment shall be final and conclusive upon all persons affected thereby who have not appealed within the time prescribed by this section.

D. Any plaintiff, other than a corporation authorized to transact business in this state, may appeal without giving bond, but any other person or persons appealing shall give bond with good and sufficient surety to be approved by the court, conditioned that the party appealing will pay all costs taxed against such party on the appeal.




The question is whether the defendant has the actual money in the bank to appeal or post bond. The bond is usually enough to cover the actual judgement PLUS costs AND attorney fess. (ie 120% or so)
42 posted on 01/30/2005 7:10:39 PM PST by longtermmemmory (VOTE!)
[ Post Reply | Private Reply | To 41 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson