HAIGOUHE BAYLARIAN, APPELLANT,
v.
W. H. TUNNICLIFFE, AS LIQUIDATOR OF THE STATE BANK OF ORLANDO AND TRUST COMPANY, AN INSOLVENT BANKING CORPORATION, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court stayed execution of a mortgage foreclosure decree affecting the separate property of Haigouhe Baylarian pending appeal, reducing the required supersedeas bond from $5,000 to $1,000 to enable her to pursue her appeal.
The Supreme Court granted a stay of the foreclosure decree as applied to Haigouhe Baylarian's separate property pending final disposition of the appeal, conditioned upon her filing a reduced supersedeas bond of $1,000.
“It now appears that this Court in the exercise of its authority to issue all writs necessary or proper to the complete exercise of its appellate jurisdiction herein under the provisions of Section 5, Article V of the Constitution should grant an order staying the provisions of the final decree in so far as it applies to the property hereinabove described until the final disposition of this case in this Court.”
Establishes the Court's authority to stay a decree pending appeal under the state constitution.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe Circuit Court of Orange County entered a final decree foreclosing a mortgage on certain real property (Lots 9, 10, 12, 14, 15, 16, 17, and 18 of V…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Separate Property cases and more on FLexlaw
— Whereas, on the 1st day of July, 1931, a final decree of the Circuit Court of the Seventeenth Judicial Circuit of Florida, in and for Orange County, was entered in a suit therein pending wherein W. H. Tunni-ClifEe, as Liquidator of The State Bank of Orlando and Trust Company, a corporation, was complainant, and V. Baylarian and Haigouhe Bayarlian were defendants, and in said decree it was ordered and adjudged that certain lands, to-wit: Lots 9, 10, 12, 14, 15, 16, 17, and 18 of Veronica Heights, according to the plat recorded in Plat Book J, page 6, being the separate property of the defendant Haigouhe Baylarian, was subject to a certain mortgage therein being foreclosed, and it was provided by said decree that in the event the indebtedness found to be due to the complainant by V. Baylarian should not be paid by a certain date that the above described lands, the separate property of the said Haigouhe Baylarian should be sold and the said owner thereof be foreclosed of all her right, title and interest therein. And it *906further appearing that the said Haigouhe Baylarian, on the 6th day of August, 1931, caused her notice of her separate appeal to be entered of record in the Circuit Court aforesaid, and it further appearing that an order of supersedeas was made by the Circuit Judge fixing the amount of supersedeas bond at $5,000.00, and it further appearing that the time in which said bond could be given and become effective has expired and that the appellant is unable to make a bond in the sum of $5,000.00.
It now appears that this Court in the exercise of its authority to issue all writs necessary or proper to the complete exercise of its appellate jurisdiction herein under the provisions of Section 5, Article V of the Constitution should grant an order staying the provisions of the final decree in so far as it applies to the property hereinabove described until the final disposition of this case in this Court.
It is therefore ordered and adjudged that the provisions of the decree of the Circuit Court of Orange County made by the Honorable Frank A. Smith on the 30th day of June, 1931, and entered in Chancery Order Book of the Circuit Court of Orange County on the 1st day of July, 1931, in so far as the same applies to the lands herein-before described, the separate property of the said Haigouhe Baylarian, be suspended and stayed until the final disposition of the said cause in this Court.
This writ shall take effect upon the appellant filing in the Circuit Court of Orange County, Florida, a bond in the sum of $1,000.00 made and executed by a surety company authorized to do business in the State of Florida, conditioned that the appellant shall pay to the appellee such costs and damages as may accrue by reason of the delay caused by this order in the event that the final decree appealed from shall be affirmed or dismissed by this Court. ,
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Tapping v. McIntosh, 104 Fla. 715 (Fla. 1932)…made by licensed surety companies in the business of suretyship for hire. See People ex rel. Kasson v. Rose, 174 Ill. 310, 51 N. E. 246. I think the demurrer should have been overruled on the authority of Perry Hotel Co. v. Courtney, 102 Fla. 1041, 136 Sou. Rep. 691; Hazen v. Cobb, 96 Fla. 151, 117 Sou. Rep. 853, and other eases which hold that sustaining a demurrer to a declaration not wholly failing to state a cause of action constitutes error. Judgment reversed. Buford, C.J., and Whitfield, Ellis and Brown…