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DISCRETIONARY EXECUTION
A
1. upon the expiration of the period to appeal, if no appeal perfected
B
1. appeal has been perfected 2. finally resolved
As a matter of right or
On Motion
TO THE APPELLATE COURT 1. appellate court may order the court of origin to issue it 2. when interest of justice so requires
A
TO THE COURT OF ORIGIN 1. while it has jurisdiction over the case 2. and is in possession of either the original record or the record on appeal 3. with notice to the adverse party
B
TO THE APPELLATE COURT 1. After the trial court lost jurisdiction
Shall be upon such terms: 1. as to bond 2. or otherwise considered proper for the protection of the rights of the adverse party
HOW
(to the court of origin) 1. upon approval by the proper court 2. of a sufficient supersedeas bond 3. filed by the party against whom it is directed 4. conditioned upon the performance of the judgment, in case finally sustained
HOW
SUBMIT TO COURT OF ORIGIN: 1. certified true copies of judgment sought to be enforced 2. entry thereof 3. with notice to the adverse party
May be proceeded against: 1. on motion 2. with notice to the surety EXCEPTIONS 1. injunction 2. receivership 3. accounting 4. support - they are immed. executory unless court prov otherwise - if appealled, court may suspend, modify or grant the four
BY DEATH OF PARTY
JMENT OBLIGEE application of his executor or administrator, or successor in interest JUDGMENT OBLIGOR
VS
B
1. after the lapse of 5yrs 2. before it is barred by statute of limitations 3. a judgment may be enforced by action
1.
judgment be for the recovery of real or personal property 2. or the enforcement of a lien thereon
The revived judgment 1. may also be enforced by motion within 5 yrs from the date of its entry 3. thereafter by action before it is barred by the statute of limitations
JUDGMENT OBLIGOR 1.Prop sold for the satisfaction of the judgment obligation, 2. and the officer making the sale shall account to the corresponding executor or administrator for any surplus in his hands