Legal Opinion

Boudreaux v. House

Court of Civil Appeals of Alabama

Decided November 13, 1985No. Civ. 4950PublishedCited by 5 opinions

1Opinion of the Court

The issue on appeal is whether a bond for costs must be filed in order to perfect an appeal from the district court to the circuit court.

A default judgment was rendered by the district court against the defendant for $2,818.67, plus costs. The defendant timely filed his notice of appeal to the circuit court and paid the docket fee necessary for an appeal from the district court to the circuit court. However, the defendant failed to file a bond for costs and the plaintiff moved to dismiss due to the lack of such bond. This motion was granted by the circuit court. The defendant appeals from the…

2Cases cited2 opinions

  1. Hardeman v. MayfieldCourt of Civil Appeals of Alabama · 1983
  2. Gomillion v. Whatley Supply Co.Court of Civil Appeals of Alabama · 1984

3Cited by5 opinions

  1. Luce v. HuddlestonCourt of Civil Appeals of Alabama · 1993
  2. Frederick Smart v. State of FloridaDistrict Court of Appeal of Florida · 2015
  3. Womack v. the Estate of WomackSupreme Court of Alabama · 2002
  4. Lowrey v. Southtrust Bank of Huntsville, N.A.Court of Civil Appeals of Alabama · 1988
  5. Davis v. ITT Financial ServicesCourt of Civil Appeals of Alabama · 1992

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