So there’s a nuance here that’s not being properly elucidated by anyone. Trump doesn’t have to post anything to appeal, in theory. He needs to post the money or the bond to stop the judgment from being executed against him pending the determination of his appeal. See CPLR 5519(a)(2).
So for everyone saying there’s no way the average person would be able to appeal a judgment of $400 Million so they’d never be able to appeal...the average person wouldn’t be able to have $400 million collected from him so there wouldn’t be a need to post a $400 million bond to stay enforcement of the judgment pending appeal. But in this unusual set of circumstances, the state actually could force that money from Trump, so he has to do it, or the state can take his money before the appeal is decided.
“So there’s a nuance here that’s not being properly elucidated by anyone. Trump doesn’t have to post anything to appeal, in theory.”
I agree with you. I gave some more detail here:
https://freerepublic.com/focus/news/4218547/posts?page=145#145
I’ll add: The two judgments against Trump in favor of E. Jean Carroll were in federal court. Even though the court sits in Manhattan, the procedures are governed by federal law, which governs every federal court in the country. The federal courts’ rules are similar to New York’s. Trump has already posted the undertaking for the appeal from the first Carroll judgment and will probably do the same for the second.
Thanks for shedding more light on this!
The "average person" of course doesn't have $400 million but they would stand to have what ever money they do have collected to stay enforcement.