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The press is incorrectly reporting Giuliani's appeal rights [1]
['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.']
Date: 2023-12-21
There have been various stories on the news (echoed in comments on this site) that Giuliani cannot appeal the verdict without posting a bond. That is incorrect. Georgia law is clear, and I’m fairly certain this would apply throughout the US, that an appeal does not require posting a bond. ( Jonas v. Jonas , 633 S.E.2d 544 (Ga. Ct. App. 2006).
A supersedes bond is used to stop collection actions during an appeal. Usually, collection actions are stayed for thirty days after entry of a judgment to give a defendant time to appeal and post a bond. The judge’s latest ruling just waived that thirty day stay.
Many times good faith appeals will proceed with no bond and no collection effort because the parties realize there is a possibility of the judgment being reversed and its a major problem to unwind collection efforts.
On a related issue that is also being misreported, Giuliani may file bankruptcy because the bankruptcy system stays all collection actions, even on debts that cannot be discharged. It used to be common when there were monster awards to use the bankruptcy process to stay collection while the appeal was pending. The courts have cracked down on this, but it still stays collection at least long enough for the bankruptcy court to rule that collection can proceed.
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