Lewin
Lewin v. Anselmo
Opinion
Opinion
Reardon, J.
In No. A073562, defendant Phillip Ernest Anselmo appeals from an order awarding postjudgment costs, including attorney fees, to plaintiff Werner S. Lewin, Jr. In No. A075014, plaintiff Lewin appeals from that part of a postjudgment order denying him judgment on an appeal bond against personal sureties Dr. Bruce Thompson and Anita Thompson. The two appeals have been consolidated.
1. Lewin v. Anselmo (No. A073562)
2. Lewin v. Thompson (A075014)
The basic facts in this appeal are not in dispute. In November 1993, the trial court entered its default judgment in favor of Lewin and against Anselmo. Anselmo appealed from that default judgment. (No. A064283.)
On January 24, 1994, Dr. Bruce Thompson and Anita Thompson (the Thompsons) executed an appeal bond or undertaking (the bond) in which they agreed to act as personal sureties for Anselmo while Anselmo’s case was on appeal. At the bottom of the two-page document, underneath their oath and signatures, the Thompsons added the following handwritten notation, signed by them: “We understand we have 15 days from date of executing this note to fully cancel + rescind, or hear objections.” The bond was filed in the trial court on…