Hubbard v. Farmers Bank

Deen, Chief Judge.

The trial court has the authority in a proper case to dismiss appeals. Code § 6-809 (b) gives the judge specific authority to do so where there is an unreasonable (inexcusable) delay in transmitting the record to the appellate court caused by failure of the appellant to pay costs or file a pauper’s affidavit. In civil cases the notice of appeal acts as a supersedeas unless the appellee moves for a bond; Code § 6-1002 provides that when this is done the trial court shall require a bond be given in an amount within his discretion. Presumably this makes the setting of a bond in…