Alemeida v. Taylor

JaSHORTESS, Judge.

On April 9, 1996, Justice of the Peace Marie Taylor (defendant) signed a judgment evicting Fernando and Marcelle D. Alemeida (plaintiffs) from a home owned by Blair M. and Diane M. Johnson. Within twenty-four hours plaintiffs appealed the eviction and filed a suspensive appeal bond signed by Marcelle D. Alemeida as surety. On April 16,1996, a deputy clerk of court returned the bond to plaintiffs’ counsel, advising him the bond was improper because it was signed by a party. A second appeal bond signed by a nonparty was filed May 9,1996.

One week later, the Johnsons filed a…