| RULE
7 [CHANGED TO RULE 22 IN 2009] |
Hopkins v. Uninsured Employers' Fund [11/05/10] 2010 MTWCC 29 A third-party respondent’s offer to provide his Beacon Score or credit report for the Court’s review, together with contentions that he owns mortgage-free real estate of greater value than the judgment; that his bear park is licensed by the state and he can be sanctioned or have his licensed revoked if he fails to pay a debt to the state; and that the county attorney could prosecute him to enforce payment of a debt owed to the state did not meet the requirements set forth in Mont. R. App. P. 7(a) and 7(b) [now Mont. R. App. P. 22(1)(a) and 22(1)(b)]. The Court was not satisfied that adequate security existed for payment of the judgment and therefore denied third-party respondent’s request to waive the supersedeas bond. |
Heth v. Montana State Fund [07/01/09] 2009 MTWCC 19 Petitioner’s half of the expense for a post-trial mandatory appellate mediation conference are not recoverable, even though Petitioner was the appellee and ultimately prevailed on appeal. This Court previously concluded that the appellate mediator’s fee is not a recoverable cost under ARM 24.5.342. Preston v. Transportation Ins. Co., 2005 MTWCC 46, ¶ 5. Furthermore, M.R.App.P. 7(4)(f) unequivocally states that the parties to an appeal “shall share the mediator’s fee and incidental expenses equally.” Therefore, Petitioner cannot recover his share of the fee as a cost under ARM 24.5.342. |
Sturchio
v. Liberty [03/15/07] 2007 MTWCC 12
Pursuant to Mont. R. App. P. 7(b), upon service of a notice of appeal,
“if the appellant desires a stay of execution, the appellant must,
unless the requirement is waived by the opposing party, present to the
district court and secure its approval of a supersedeas bond . . . .”
ARM 24.5.346 explains that, except as provided within the rule, the
procedure to be followed is that set out in Mont. R. App. P. 7(a)-(b).
In the case at hand, Petitioner has not waived the requirement of the
bond, and since Respondent has not posted a supersedeas bond, the Court
denies its motion for stay of execution of judgment. |
RULE 22 [FORMERLY RULE 7] |
Hopkins v. Uninsured Employers' Fund [11/05/10] 2010 MTWCC 29 A third-party respondent’s offer to provide his Beacon Score or credit report for the Court’s review, together with contentions that he owns mortgage-free real estate of greater value than the judgment; that his bear park is licensed by the state and he can be sanctioned or have his licensed revoked if he fails to pay a debt to the state; and that the county attorney could prosecute him to enforce payment of a debt owed to the state did not meet the requirements set forth in Mont. R. App. P. 7(a) and 7(b) [now Mont. R. App. P. 22(1)(a) and 22(1)(b)]. The Court was not satisfied that adequate security existed for payment of the judgment and therefore denied third-party respondent’s request to waive the supersedeas bond. |