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Rule 435. Judgment on Affirmance or Rendition


When a Court of Civil Appeals affirms the judgment or decree of the court below, or proceeds to modify the judgment and to render such judgment or decree against the appellant as should have been rendered by the court below, it shall render judgment against the appellant and the sureties on his supersedeas bond, if any, for the performance of said judgment or decree, and shall make such disposition of the costs as the court shall deem proper, rendering judgment against the appellant and the sureties on his appeal or supersedeas bond, if any, for such costs as are taxed against him. The appellate court may, in its discretion, include in the judgment or decree such damages, not exceeding ten percent on the amount of the original judgment, as it may deem proper.

Source: Art. 1857.

Change: The disposition of costs is left to the Court of Civil Appeals. The judgment is to be rendered against the sureties on the supersedeas bond where the judgment below is affirmed, though it be reduced in amount.

Oct. 29, 1940, eff. Sept. 1, 1941.

Repealed by order of April 10, 1986, eff. Sept. 1, 1986.