Judgment for Defendant; Appeal

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Sec. 21. (a) Except as provided in subsection (b), if the judgment in the action is rendered for the defendant:

(1) the attachment shall be discharged; and

(2) the attached property or proceeds from the property shall be returned to the defendant.

(b) If the plaintiff:

(1) serves notice with the clerk or judge within seventy-two (72) hours that the plaintiff:

(A) intends to appeal from the judgment; and

(B) will file a bond, approved by the court; and

(2) files an appeal, as provided by law, within sixty (60) days from the date of the judgment;

the attachment or any bond given to release the property or thing attached shall not be discharged, and the attached property or proceeds from the property shall not be returned to the defendant until final disposition of such action.

[Pre-1998 Recodification Citation: 34-1-11-34.]

As added by P.L.1-1998, SEC.20.


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