§ 917.2.Judgment Or Order Directing Assignment Or Delivery of Personal Property Or Sale of Personal Property Upon Foreclosure

When a judgment orders a party to hand over personal property — including documents — or orders personal property sold to satisfy a lien, § 917.2 stops the appeal from stopping that order unless an undertaking is given. Unlike § 917.1's fixed formula, the trial court sets both the amount and the conditions here, tailored to the property at issue.

The undertaking has to promise two things: that the appellant will obey and satisfy whatever the reviewing court ultimately orders, and won't damage the property in the meantime, and that if the judgment is affirmed or the appeal is withdrawn or dismissed, the appellant will pay for any damage the property suffered and the value of losing its use during the delay.

The appellant has an alternative to a straight bond: placing the property in the custody of an officer the court designates, to hold pending the reviewing court's decision. The court weighs that option in setting the bond amount. And if the property is perishable, the trial court can order it sold anyway, with the proceeds deposited with the clerk to abide the outcome of the appeal — again, a fact the court considers in fixing the undertaking.