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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 15-703

Citation
Section 15-703
Parent Document
Landise v. Mauro, 927 A.2d 1026 (2007)
Jurisdiction
DC (municipal)
Effective Date
2007-05-31

Full Text

1,169 chars
Here, the bond Landise posted will remain in the court registry until a final judgment is entered. At that time, if the security proves to be unnecessary, it will be returned to Landise with interest. If, however, the bond is disbursed to Mauro, Landise can appeal the judgment or the accounting process on the same grounds that she asserts here. See Watson Constr. Co. v. Commercial Union Ins. Co., 587 F.2d 22 (8th Cir.1978) (“The loss [the plaintiff] incurs may be remedied upon appeal of the final judgment, if an erroneous decision has been made by the lower court, through award of the cost of the bond or the accrued interest.”). Our conclusion is bolstered by the fact that the amount involved is not so significant as to prevent Landise from litigating her case, as demonstrated by the fact that she complied with the order before filing the instant appeal. See Klein, 436 F.2d at 339 (“There is no question here of security set so high as effectively to terminate the litigation.”). Thus, the question whether the trial court abused its discretion is an issue that can await a determination with respect to damages, at which point, the issue may be moot. III.