Beverly petitioned for a writ of certiorari and a writ of prohibition after being ordered to post a $25,000,000 supersedas bond before appealing an order for class certification. Plaintiff had argued that Beverly was unstable and that the class should be protected during appeal. The court found that requiring a bond prior to judgment is improper prior to entry of judgment for damages that might never be obtained. The writ for certiorari was granted and the trial court was reversed.
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