RANDALL CARUSO, APPELLANT,
v.
MARLENE JOY CARUSO, APPELLEE
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The trial court erred in granting a stay of execution on a money judgment without the required bond.
Following a dissolution judgment, the former husband sought to vacate an execution writ and stay its enforcement, arguing a prior appeal mandated sett…
The full statement of facts, procedural history, and disposition for this case are member content.
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On Motion To Review Stay
KLEIN, J.
A money judgment was entered against the appellant, a former husband, for ar-rearages, in 2001, when the parties’ marriage was dissolved. After an appeal the husband filed a motion to vacate the writ of execution in the trial court, contending that our reversal of a portion of the dissolution judgment mandated that the arrear-age judgment be set aside. The trial court denied relief, but granted the former husband’s motion to stay execution of the judgment pending this appeal. The former wife has filed this motion for review of the order granting the stay, and we grant the motion.
Florida Rule of Appellate Procedure 9.310(b)(1) provides that a party may obtain an automatic stay of execution of a money judgment pending review by posting a bond equal to the principal amount of the judgment plus twice the statutory rate of interest on judgments. Rule 9.310(c) defines a good and sufficient bond as one with a principal and a surety company authorized to do business in Florida, or cash deposited with the circuit court clerk.
The trial court had no authority to withhold execution on this money judgment unless a bond as described above was posted. Mellon United Nat'l Bank v. Cochran, 776 So. 2d 964 (Fla. 3d DCA 2000) and cases cited. See Rule 9.310, Committee Notes, 1992 Amendment, which state in part: “The committee was of the opinion that a meaningful supersedeas [of a money judgment] could be obtained only through the use of either a surety company or the posting of cash.”
We accordingly vacate the order granting the stay.
STEVENSON, C.J., and WARNER, J., 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)…District, that a trial judge has no discretion to require a bond other than the full amount of the money judgment and applicable 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. & Sale…
Authorities Cited
- Mellon United Nat'l Bank v. Cochran, 776 So. 2d 964 (Fla. 3d DCA 2000)