The moving party brought a motion under rule 61.06(2) of the Rules of Civil Procedure to dismiss the responding party's appeal for failure to post the $16,000 security for costs previously ordered.
The responding party resisted the motion, arguing he had sought a review of the order and that opposing counsel had agreed to delay the motion.
The court rejected both arguments, noting the responding party failed to perfect his motion for review within the required time and the written record contradicted the claim of an agreement.
The motion was granted and the appeal was dismissed.
