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To: Jeffrey S. Mitchell who wrote (938)	12/10/2000 1:04:19 AM
From: Mama Bear	Respond to of 12465

"I'm not a lawyer, but, like, isn't ordering someone to pay a fine before a case is heard on appeal illegal, not to mention making them post bond just to be able to file?! " I believe it's SOP when a civil judgement is entered. It is designed to keep folks who don't want to pay thier legal obligations from appealing in order to delay or avoid payment. I believe one can post the entire amount rather than going through a bond. If he then prevails on appeal he get's the money back, so it's in no way a fine. Regards, Barb

To: Jeffrey S. Mitchell who wrote (938)	12/10/2000 1:16:24 AM
From: Phil(bullrider)	Respond to of 12465

Jeffrey, I'm not a lawyer, but, like, isn't ordering someone to pay a fine before a case is heard on appeal illegal, not to mention making them post bond just to be able to file?! I'm not a lawyer either, but it seems to me the judge is saying: "You have lost, sucker." I also don't believe that the judge is saying the defendant has to pay the fine to appeal, but that the bond will ensure payment should he lose the appeal. Could he immediately declare bankruptcy and avoid the judgement? Or could he declare bankruptcy after losing the appeal? Inquiring minds wish to know. Is it illegal? Probably as illegal as what the Florida Supreme Court is doing. Have fun, Phil

To: Jeffrey S. Mitchell who wrote (938)	12/10/2000 2:11:54 AM
From: EL KABONG!!!	Read Replies (2) \| Respond to of 12465

I'm not a lawyer, but, like, isn't ordering someone to pay a fine before a case is heard on appeal illegal, not to mention making them post bond just to be able to file?! Not at all. The defendant has had his day in court and lost. The judge in the civil case is making sure that the defendant will "pay up" before trying delaying tactics through extensive and expensive appeals and other legal maneuvers. This is quite routine actually, and entirely at the discretion of the court. There is also a difference between losing a civil judgement and being fined in a criminal case. In the criminal case, the court may very well make a defendant post bond (or bail) to ascertain with some certainty that the defendant won't just skip out under the guise of a never-ending appeal. If you were talking a criminal conviction where incarceration is involved, the defendant may very well find himself/herself appealing from behind bars rather than being released pending the outcome of the appeal process. This is especially true where the convicted defendant has both the means and the (presumed) motive for running. KJC