City of Belzoni v. Johnson

Summary

The Mississippi Supreme Court held that the City of Belzoni, a principal liable for part of an employment-discrimination judgment, could not serve as a surety for its coappellants on a supersedeas bond. Because the bond lacked valid sureties and the City was exempt from the bond requirement, the circuit court lacked authority to enforce the bond against the City for the other defendants’ portions of the judgment. The court reversed and rendered the order enforcing the bond.

Holdings

1. A party principally liable on a judgment and appearing as a coappellant cannot also act as a surety for the obligations of its coappellants under Mississippi Rule of Appellate Procedure 8.
2. A circuit court lacks authority under Mississippi Rule of Civil Procedure 65.1 to enforce a supersedeas bond against a principal when the bond contains no valid sureties.
3. A municipality is exempt from the requirement to post a supersedeas bond when appealing a judgment and obtaining a stay under Mississippi Code section 11-51-101(1) and the applicable procedural rules.

Questions Presented

1. Whether the City of Belzoni could qualify as a resident surety under Mississippi Rule of Appellate Procedure 8 when it was a principal and coappellant liable for part of the judgment.
2. Whether the circuit court had authority under Mississippi Rule of Civil Procedure 65.1 to enforce against the City a supersedeas bond that contained no valid sureties.
3. Whether the City could be held liable for the portions of the judgment assessed against its codefendants based on the language of the supersedeas bond.

Disposition

reversed_and_remanded