Gomillion v. Whatley Supply Co.

This appeal is from a circuit court judgment which dismissed the defendant's appeal from a final judgment of the district court.

After the district court had granted the plaintiff's motion for a summary judgment and had rendered judgment against the defendant for $3,294, the defendant timely filed his notice of appeal to the circuit court and paid the fee for docketing an appeal from the district court to the circuit court. However, the defendant did not file any bond for costs. The plaintiff filed a motion to dismiss this appeal for lack of such cost bond, and the circuit court dismissed the…