2009 Iowa Code
Title 15 - Judicial Branch and Judicial Procedures
Subtitle 3 - Civil Procedure
CHAPTER 625A - APPELLATE COURT PROCEDURE
625A.9 - EXECUTION ON UNSTAYED PART OF JUDGMENT -- SUPERSEDEAS BOND WAIVED.

        625A.9  EXECUTION ON UNSTAYED PART OF JUDGMENT --
      SUPERSEDEAS BOND WAIVED.
         1.  The taking of the appeal from part of a judgment or order, and
      the filing of a bond, does not stay execution as to that part of the
      judgment or order not appealed from.
         2. a.  Except as provided in paragraph "b", if the
      judgment or order appealed from is for money, such bond shall not
      exceed one hundred ten percent of the amount of the money judgment.
         The court may set a bond in an amount in excess of one hundred ten
      percent of the amount of the money judgment upon making specific
      findings justifying such an amount, and in doing so, shall consider,
      but shall not be limited to consideration of, the following criteria:

         (1)  The availability and cost of the bond or other form of
      adequate security.
         (2)  The assets of the judgment debtor and of the judgment
      debtor's insurer or indemnitor, if any.
         (3)  The potential adverse effects of the bond on the judgment
      debtor, including, but not limited to, the potential adverse effects
      on the judgment debtor's employees, financial stability, and business
      operations.
         (4)  The potential adverse effects of the bond on the judgment
      creditor and third parties, including public entities.
         (5)  In a class action suit, the adequacy of the bond to
      compensate all members of the class.
         b.  Notwithstanding paragraph "a", in no case shall a bond
      exceed one hundred million dollars, regardless of the value of the
      money judgment.  This limitation shall not apply in cases where the
      court finds that the defendant intentionally dissipated the
      defendant's assets outside the ordinary course of business for the
      purpose of evading payment of the judgment.
         3.  Upon motion and for good cause shown, the district court may
      stay all proceedings under the order or judgment being appealed and
      permit the state or any of its political subdivisions to appeal a
      judgment or order to the supreme court without the filing of a
      supersedeas bond.  

         Section History: Early Form

         [C51, § 1985; R60, § 3532; C73, § 3191; C97, § 4129; C24, 27, 31,
      35, 39, § 12862; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
      § 686.9] 

         Section History: Recent Form

         C93, § 625A.9
         2003 Acts, 1st Ex, ch 1, §115, 133
         [2003 Acts, 1st Ex, ch 1, §115, 133, amendments to this section
      stricken pursuant to Rants v. Vilsack, 684 N.W.2d 193]
         2004 Acts, 1st Ex, ch 1001, §5, 6, 8 

         Footnotes

         2004 reaffirmation and reenactment of this section as published in
      Code Supplement 2003 takes effect September 7, 2004, and applies
      retroactively to July 1, 2003; 2004 Acts, 1st Ex, ch 1001, §8
         2004 amendments to this section as reaffirmed and reenacted take
      effect September 7, 2004, and apply retroactively to cases pending
      and filed on or after April 20, 2004, through June 15, 2004, and to
      cases pending or filed on or after June 16, 2004; 2004 Acts, 1st Ex,
      ch 1001, §8