Rule 8-423 - Supersedeas Bond(a)Condition of Bond. Subject to section (b) of this Rule, a supersedeas bond shall be conditioned upon the satisfaction in full of (1) the judgment from which the appeal is taken, together with costs, interest, and damages for delay, if for any reason the appeal is dismissed or if the judgment is affirmed, or (2) any modified judgment and costs, interest, and damages entered or awarded on appeal.(b)Amount of Bond. Unless the parties otherwise agree, the amount of the bond shall be as follows: (1)Money Judgment Not Otherwise Secured. Subject to Code, Courts Article, § 12-301.1, when the judgment is for the recovery of money not otherwise secured, the amount of the bond shall be the sum that will cover the whole amount of the judgment remaining unsatisfied plus interest and costs, except that the court, after taking into consideration all relevant factors, may reduce the amount of the bond after making specific findings justifying the amount. Cross reference: Rule 1-402(d); O'Donnell v. McGann, 310 Md. 342 (1987).
(2)Disposition of Property. When the judgment determines the disposition of the property in controversy (as in real actions, replevin, and actions to foreclose mortgages), or when the property, or the proceeds of its sale, is in the custody of the lower court or the sheriff, the amount of the bond shall be the sum that will secure the amount recovered for the use and detention of the property, interest, costs, and damages for delay.(3)Other Cases. In any other case, the amount of the bond shall be fixed by the lower court.Md. R. Rev. Ct. App. & Spec. App. 8-423
This Rule is derived as follows:
Section (a) is derived from former Rule 1018 a.
Section (b) is derived from former Rule 1018 b and 1020 a.
Adopted Nov. 19, 1987, eff. 7/1/1988. Amended May 8, 2007, eff. 7/1/2007; 12/7/2015, eff. 1/1/2016.HISTORICAL NOTES
2007 Orders
The May 8, 2007, order deleted "ordinarily from subsection (b)(1); added ", except that the court, after taking into consideration all relevant factors, may reduce the amount of the bond upon making specific findings justifying the amount to the end of subsection (b)(1); and amended the cross reference following subsection (b)(1).
2015 Orders
The December 7, 2015, order, amended the Rule in (b)(1) to provide that the amount of a bond shall be subject to Code, Courts Article, 12-301.1.