Richard L. Bowen & Associates, Inc. v. 1200 West Ninth Street Ltd. Partnership

Kakpinski, Judge.

This case presents an issue of first impression to this court. We are asked to answer the question of whether a $100,000 supersedeas bond which is executed by the surety company but not signed by the principal or filed with the court is still enforceable by the obligee. We answer this $100,000 question in the affirmative and thus reverse the judgment of the lower court. The relevant facts follow.

Plaintiff-appellant, Richard L. Bowen & Associates, Inc. (“Bowen”), filed an action against defendant-appellee Kassouf for payment for architectural services. After a jury trial,…