HARRY MASSER AND MORRIS BARON, APPELLANTS,
v.
THE LONDON OPERATING COMPANY, A CORPORATION, APPELLEE
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The Florida Supreme Court considered a motion to vacate a supersedeas order and quash a constitutional writ. The court conditioned the continuation of these orders on the appellants filing a bond to cover potential rent judgments.
The supersedeas order and constitutional writ will remain in effect if the appellants file a $15,000 bond within ten days, conditioned to pay any judgment for rents obtained against them. Otherwise, the order and writ will be vacated and quashed.
“if within ten days from this date the appellants herein shall file in the Circuit Court for Dade County a good and sufficient bond in the sum of $15,-000.00 conditioned to pay whatever judgment for rents of the property involved in this litigation is obtained against them in a Court of competent jurisdiction, then the aforesaid order of supersedeas and the aforesaid constitutional writ issued by this Court shall remain in full force and effect; otherwise the said order of supersedeas will stand vacated and the said constitutional writ will stand as quashed.”
This quote outlines the condition under which the supersedeas order and constitutional writ will remain effective.
Appellee moved to vacate a supersedeas order and quash a constitutional writ previously issued by the Supreme Court. The appellants were involved in l…
The full statement of facts, procedural history, and disposition for this case are member content.
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This cause coming on to be heard upon the motion of counsel for Appellee to vacate the order of supersedeas entered herein by a Justice of this Court on December 23, 1931,- and to quash the constitutional writ issued in this cause by the Supreme Court on December 23, 1931, and the Court having considered said motion and heard the arguments of counsel for the respective parties, it is now considered and ordered by the Court that if within ten days from this date the appellants herein shall file in the Circuit Court for Dade County a good and sufficient bond in the sum of $15,-000.00 conditioned to pay whatever judgment for rents of the property involved in this litigation is obtained *1200against them in a Court of competent jurisdiction, then the aforesaid order of supersedeas and the aforesaid constitutional writ issued by this Court shall remain in full force and effect; otherwise the said order of supersedeas will stand vacated and the said constitutional writ will stand as quashed.
It is further ordered by the Court that the bond herein above mentioned shall be approved by one of the Judges of the Eleventh Judicial Circuit of Florida.