State ex rel. Brickner v. Saitz

BLACKMAR, Judge.

The relators recovered judgment for $1,000,000 against defendant David J. Bean, D.O., after a jury trial before the respondent. Bean’s timely post-trial motions were overruled on April 26, 1983. The net judgment was eventually reduced to $800,000 because of a settlement with a codefendant.

On May 3, 1983, Bean’s counsel tendered for filing, (1) a Notice of Appeal, and (2) a motion requesting that the supersedeas bond be set in the amount of $200,000 plus interest on the entire net judgment of $800,000. The clerk’s office stamped the Notice of Appeal as having been filed at 4:37…