HYMAN TAPLIN, APPELLANT,
v.
PLACIDO SALAMONE, D/B/A SALAMONE AND ASSOCIATES ARCHITECTS AND PLANNERS, APPELLEE
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PER CURIAM.
In order to supersede a money judgment entered against him the trial court required appellant to file a bond in the amount of the judgment, plus 24 percent thereof. Rule 9.310(b) provides that a money judgment is automatically stayed pending review upon the posting of a good and sufficient bond equal to the amount ordered to be paid, i.e., the amount of the judgment, plus 15 percent thereof. As the rule says, the stay is automatic upon posting the bond in said amount. No motion, hearing, or order is necessary — that is the purpose of the rule, to eliminate the necessity of those perfunctory activities. The trial court has no discretion to require a bond in an amount higher or lower than the rule formula. Proprietors Ins. Co. v. Valsecchi, 385 So. 2d 749 (Fla. 3rd DCA 1980).
Accordingly, the order under review is reversed and the cause is remanded to allow appellant to post a supersedeas bond in the amount of the money judgment plus 15 percent.
DOWNEY, BERANEK and DELL, JJ., concur.
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Silver Beach Invs. OF Destin, LC v. Silver Beach Towers Prop. Owners Ass'n, Inc., 223 So. 3d 997 (Fla. 2017)…pplicable interest should a stay of execution pending appeal be ordered as required by our appellate rules. See Caruso v. Caruso, 932 So. 2d 457, 458 (Fla. 4th DCA 2006); Campbell v. Jones, 648 So. 2d 208, 209 (Fla. 3d DCA 1994); Taplin v. Salamone, 422 So. 2d 92, 93 (Fla. 4th DCA 1982); Proprietors Ins. Co. v. Valsecchi, 385 So. 2d 749, 751 (Fla. 3d DCA 1980); Palm Beach Heights Dev. & Sales Corp. v. Decillis, 385 So. 2d 1170, 1171 (Fla. 3d DCA 1980); see also PS Capital, LLC v. Palm Springs [*998] Town Hom…
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Silver Beach Towers Prop. Owners Ass'n, Inc. v. Silver Beach Invs. OF Destin, LC, 231 So. 3d 494 (Fla. 1st DCA 2017)…he proposition that a trial judge has no discretion to determine the bond amount in an appeal from a money judgment. See QBE Ins. Corp. v. Chalfonte Condo. Apartment Ass’n, Inc., 94 So. 3d 541 (Fla. 2012); Mellon, 776 So. 2d 964; Taplin v. Salamone, 422 So. 2d 92 (Fla. 4th DCA 1982); Proprietors Ins. Co. v. Valsecchi, 385 So. 2d 749 (Fla. 3d DCA 1980), However, we read these cases as standing not for the proposition that the only means of staying a money judgment is to utilize the automatic stay procedure of…
Authorities Cited
- Proprietors Ins. Co. v. John and Janet Valsecchi, 385 So. 2d 749 (Fla. 3d DCA 1980)