Ray v. Sullivan

Sievers, Judge.

This opinion, arising out of an action to recover a deficiency on a promissory note, examines whether payment of a judgment after an issued, but unserved, execution on that judgment can be considered a voluntary payment which cuts off the right to an appeal. We also touch upon the need for postjudgment affidavits filed in the appellate court to explain how and why a judgment being appealed was paid during the pendency of the appeal.

FACTUAL BACKGROUND

Charles Ray and Dorothy Ray sold their business, Silver Line Salvage, to Gilbert L. Sullivan and Marcia M. Sullivan on or about…