ARTHUR M. COHN, PATRICIA J. COHN, AND PATRICIA JUDITH ART GALLERY LIMITED, INC., APPELLANTS,
v.
BENNETT A. REISS AND STEWART J. LEONARD, D/B/A MOSO INVESTMENTS, APPELLEES
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PER CURIAM.
Reversed. In this appeal from an order in proceedings supplementary, the appellant requested a “Motion to Stay and Su-persedeas Bond.” The trial court granted a “stay of execution” upon the filing of a supersedeas bond in the amount of $10,-000.00. The order on appeal subjected defendants’ property to levy for a domesticated judgment in excess of $500,000. The evidence indicates that the judgment debt-or’s equity in the properties amounts to several hundreds of thousands of dollars. The bond does not cover this value, nor were any conditions set to assure the preservation of the properties’ value pending appeal. The purpose of setting a superse-deas bond is to protect the party in whose favor judgment was entered in the event the judgment is affirmed on appeal. Pabian v. Pabian, 469 So. 2d 189, 191 (Fla. 4th DCA 1985). We reverse and remand for further proceedings as the bond set is patently inadequate. Pablan.
GLICKSTEIN, C.J., WARNER, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
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Pompey v. Cochran, 685 So. 2d 1007 (Fla. 4th DCA 1997)…immediately deliver the petitioner to a trial court judge for a hearing on petitioner’s ability to pay the purge amount. If a hearing could not be immediately held, the petitioner was entitled to release pending-such hearing. In Cummins v. Cummins, 615 So. 2d 173 (Fla. 5th DCA 1993), the fifth district also granted a petition for habeas corpus relief for a civil contemnor, concluding the petitioner’s incarceration was illegal under Bowen where the record did not support a finding of the present ability to pa…
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Walker v. Edel, 727 So. 2d 359 (Fla. 5th DCA 1999)…lker also contends there was no competent evidence to support the court’s finding that he had the present ability to pay the $13,017.08 purge amount, as is required under Bowen v. Bowen, 471 So. 2d 1274, 1279 (Fla.1985). See also Cummins v. Cummins, 615 So. 2d 173, 175 (Fla. 5th DCA 1993) (“Civil contempt requires the finding of willful failure to pay ordered support payments, and if incarceration is deemed appropriate, an affirmative finding that the contemnor possesses the present ability to comply with the…
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Johnson v. Felton, 655 So. 2d 1286 (Fla. 3d DCA 1995)…la. 3d DCA 1995); Siegel v. Felcher, 636 So. 2d 872 (Fla. 3d DCA 1994); Laing v. Laing, 574 So. 2d 279 (Fla. 3d DCA 1991). This rule applies even if the person has willfully or negligently divested himself of the ability to pay. Cum-mins v. Cummins, 615 So. 2d 173, 176 (Fla. 5th DCA 1993); LeNeve v. Navarro, 565 So. 2d 836, 837 (Fla. 4th DCA 1990). As the State properly concedes, there is no evidence in this record that Johnson has the present ability to pay the purge amount of $1,500. The fact that Johnson h…
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- Pabian v. Pabian, 469 So. 2d 189 (Fla. 4th DCA 1985)