January 6, 2009
Re: Filing of appeal bond does not suspend judgment for fines and costs
Dear City Court Clerk,
You have asked me if a defendant found guilty in City Court is entitled to a suspended
judgment pending his/her appeal to Circuit Court. The answer is “no,” as there is no statute or
rule in Tennessee providing that city court judgments are suspended during an appeal.
Our laws do provide methods for defendants to petition courts to suspend garnishments
pending appeals, under T.C.A. ' 26-2-216. There is also a method under the Rules of Appellate
Procedure to petition the court to suspend a judgment or stay an execution on a judgment
pending an appeal, under Rule 7. Likewise, there is a specific rule that permits parties to file
motions to stay execution on judgments under the Rules of Civil Procedure, found in Rule 62.
This rule also requires that if a stay of execution is awarded, a bond must be posted by the
defendant “to secure the payment of the judgment in full.” Rule 62.05, TN Rules of Civil
Procedure. None of these rules or laws apply to City Courts, however. Only a “court of record,”
which is a state court, can enter an order under Rule 62. The Rules of Appellate Procedure only
apply to the Court of Appeals and Supreme Court.
In State v. Copeland, 647 S.W.2d 241 (Tenn. Crim. App. 1983) the Court ruled that the
trial court has the authority to require a defendant to post a bond sufficient to cover the fines and
costs when granting a stay of execution. The defendant could be required to post such a bond in
addition to any other appeal bond. Payment of the judgment could only be avoided pending
appeal by posting the judgment amount with the court.
T.C.A. ' 40-24-101 specifically applies to municipal courts, and provides that a city court
may direct “That the defendant pay the entire amount at the time sentence is pronounced.”
T.C.A. ' 40-24-101(a)(1), emphasis added. No language is contained in the statute which
indicates the judgment should be suspended pending appeal, or that the judgment otherwise is
not collectable pending an appeal. In fact, there is no provision contained in the Tennessee Code
that states that municipal court judgments cannot be collected while an appeal is pending.
In my opinion, absent specific statutory language granting an automatic stay pending
appeal, there is no right for a defendant in a city court action to receive a suspended judgment.
The judgment of the city court is enforceable on the date it is entered.
I hope this information is helpful.
Sincerely,
Melissa A. Ashburn, J.D.
Legal Consultant