APPEALS – Supersedeas Bond: Lawyers Mutual Insurance Company of Kentucky v. Stewart (COA 11/20/2009)

Lawyers Mutual Insurance Company of Kentucky v. Stewart
2009-CA-000114 11/20/09 2009 WL 3878132
Opinion by Judge Wine; Judge Nickell and Senior Judge Harris concurred.

The Court affirmed an order of the circuit court denying appellant’s motion for enforcement of a supersedeas bond against the surety thereon. The Court held that when there has been an execution of judgment in disregard of a supersedeas bond, it would be unconscionable, unjust and inequitable to enforce it as against the surety.

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