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Dubarton Enters. LLC v. Appalachian Cmty. Bank

The appellants' appeal from the trial court's order denying their motion for modification of the supersedeas bond the trial court had entered after granting the appellee's motion for summary judgment was moot, since the Court of Appeals had previously affirmed the trial court's grant of summary judgment in an unpublished opinion.

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Dubarton Enterprises, LLC and Richard Dubarton, collectively, “Dubarton” appeal from the trial court’s order denying their motion for modification of the supersedeas bond entered after the trial court granted Appalachian Community Bank’s the “Bank” motion for summary judgment and awarded a judgment in the amount of $835,592.28. The Bank had filed an emergency motion for supersedeas bond for the full amount of the judgment, but the trial court ordered that the bond amount would be $200,000, based, in part, on a 2009 appraisal of the collateral property. The 2009 appraisals established that the value of the property was approximately $29,000 more than the judgment amount. The trial court took judicial notice, based on “common knowledge,” that it was unlikely that property values in Gilmer County had increased or maintained their 2009 value. The court further found that the bond amount should cover “costs, interest, and damages for delay if the appeal is found to be frivolous” and set the amount of the bond at $200,000 Following a hearing on Dubarton’s motion for reconsideration, which the trial court denied, this appeal ensued.

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