Beavers v. Beavers

In Beavers v. Beavers, 651 S.W.2d 52 (Tex.App.--Dallas 1983, no writ), the trial court rendered a divorce decree and gave the wife a money judgment for $ 119,270. The decree provided that there would be an initial payment on the amount due and the remainder would be paid in monthly installments of $ 2,000. The judgment also provided that execution on it would be suspended so long as the judgment debtor made the monthly payments. Id. at 53. When the judgment debtor brought an appeal, he sought to supersede the entire judgment by posting bond in the amount of one year's monthly payments. The court of appeals held the bond inadequate because there was a possibility that the debtor would default in the payments ordered during the appeal, thus making the entire judgment subject to execution, and for that reason the tendered bond was inadequate. The judgment creditor in Beavers had a present judgment in a definite amount, albeit payable in installments.