One week ago, on March 2, the Pennsylvania Superior Court issued a published and precedential opinion in a case captioned Metro Real Estate Investment v. Siaway, No. 827 EDA 2020. Senior Judge Dan Pellegrini’s opinion for a unanimous three-judge panel addressed what had previously been an unresolved question of Pennsylvania law likely to be of great interest to appellate practitioners.
When a Pennsylvania state trial court proceeding results in a final money judgment in favor of a party, the opposing party has the right to appeal. Under the Pennsylvania Rules of Appellate Procedure, the party that has been found liable to pay the money, known as the judgment debtor, has the right to obtain a stay of execution on the judgment pending appeal by posting a supersedeas bond in the amount of 120% of the money judgment.
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