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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Nickles v. Auntie Margaret Daycare, Corp., 829 S.W.2d 614 (1992)

Citation
Nickles v. Auntie Margaret Daycare, Corp., 829 S.W.2d 614 (1992)
Parent Document
Nickles v. Auntie Margaret Daycare, Corp., 829 S.W.2d 614 (1992)
Jurisdiction
Missouri (state)
Effective Date
1992-03-24

Other Sections in This Document (47)

Full Text

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Auntie Margaret argues that because the trial court awarded lessors no damages, “there was no amount of judgment left unsatisfied” and “the trial court could reasonably find that a $500.00 bond was adequate to protect [lessors’] cost.” Auntie Margaret’s argument ignores the fact that the stay of execution pending appeal permitted the corporation to remain in possession of the premises without payment of rent, insurance, and property taxes. Thus, under Rule 81.09(b) and § 535.110, the bond was insufficient to protect lessors’ interest in the event the judgment voiding the lease and returning possession to lessors was affirmed on appeal. *619