What does: appeal is dismissed. Defendant satisfied judgement by paying plaintiff mean?

Asked over 4 years ago - North Hollywood, CA

What does: appeal is dismissed. Defendant satisfied judgement by paying plaintiff mean?

Attorney answers (2)

  1. Timothy A. Provis

    Pro

    Contributor Level 15

    Answered . Dear ?,

    If the defendant pays a money judgement which has been rendered against him/her, then this terminates the litigation. There is nothing to appeal and so any appeal which has been filed will be dismissed.
    Assuming this was a case the defendant wanted to appeal, then, before the notice of appeal was filed, he/she needed to get the trial judge to either a) stay the judgment pending appeal or b) permit the defendant to file an appeal bond which would stay the judgment or c) both. An appeal bond is a promise by an insurance company ("surety") to pay the amount of the judgment if the appeal is unsuccessful. (It is sometimes also called an "undertaking.") A defendant gets an appeal bond from an insurance company by paying whatever premium the insurance company demands. That is, the defendant could simply deposit the amount of the judgment with the trial court as an undertaking, but most defendants would rather hold on to their money pending appeal so an appeal bond is cheaper (assuming that the interest on the amount of the judgment is more than the premium demanded by the insurance company and even if it isn't most defendants are willing to pay to continue to have the use of their money).
    Once the judgment has been stayed pending the appeal, the plaintiff is not permitted to take any actions to collect the judgment.
    Here, if the defendant wanted to pursue his/her appeal, then he/she made a gigantic mistake by either failing to get the judgment stayed or by paying the judgment while the appeal was pending. On the other hand, if the defendant was fed up with the case and just wanted to end it, paying the judgment was the right thing to do.

    Sincerely,
    Tim Provis
    Cal. Bar No. 104800
    Wis. Bar No. 1020123

  2. Pamela Koslyn

    Contributor Level 20

    Answered . The plaintiff got a judgment againstt he defendant, and someone, probably defendant, appealed the judgment to reverse it. Then defendant changed their midn and paid the plaintiff the amount of the judgment and satisfied it. Plaintiff has to confirm with the court that they've been paid and the judgment's been satisfied.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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