Automatic Stay Pending Appeal

12 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Doyle Conner v. Mid-Florida Growers, Inc.
  541 So. 2d 1252· Fla. 2d DCA· 1989-03-31 ·cited 43×
  The Florida District Court of Appeal reversed a circuit court's peremptory writ of mandamus compelling the Department of Agriculture to immediately pay a judgment in an inverse condemnation case, holding that the trial court failed to follow the procedural requirements of Rule 1.
• Proprietors Ins. Co. v. John and Janet Valsecchi
  385 So. 2d 749· Fla. 3d DCA· 1980-07-18 ·cited 26×
  An insurance company appealing a money judgment sought an automatic stay by posting supersedeas bonds equal to the judgment amount plus 15%, as prescribed by Florida's appellate rules. The trial court increased the bond amounts, but the appellate court reversed, holding that the
• ST. Lucie Cnty. v. N. Palm Dev. Corp.
  444 So. 2d 1133· Fla. 4th DCA· 1984-02-08 ·cited 14×
  The court held that vacating an automatic stay pending appeal of a planning-level decision, without compelling circumstances demonstrating minimal prejudice to the governmental body, constitutes an abuse of discretion.
• Freedom Insurors, Inc. v. M.D. Moody & Sons, Inc.
  869 So. 2d 1283· Fla. 4th DCA· 2004-04-21 ·cited 8×
  The court held that an automatic stay pending appeal does not become effective until the supersedeas bond is filed with the clerk of the circuit court, not merely obtained.
• Navarro v. Bouffard
  522 So. 2d 515· Fla. 4th DCA· 1988-03-23 ·cited 8×
  Sheriff Navarro appealed orders imposing a 12% sanction penalty and denying application of a statutory liability cap for a judgment entered against his predecessor. The court affirmed the sanction orders as proper enforcement of a mandamus writ and granted prohibition preventing
• Tucker v. State
  344 So. 2d 284· Fla. 2d DCA· 1977-04-01 ·cited 8×
  The appellate court held that the time for trial under the Speedy Trial Rule is automatically tolled pending the state's appeal of a dismissal order, and the trial court correctly denied the defendant's motion for discharge.
• City OF Sarasota v. AFSCME Council '79 & Pub. Emps. Relations Comm'n
  563 So. 2d 830· Fla. 1st DCA· 1990-07-06 ·cited 4×
  The court held that a motion to reinstate an automatic stay cannot be granted without a record of the proceedings below to demonstrate abuse of discretion.
• Leray W. Hebert, Jr. v. Exxon Corp.
  953 F.2d 936· 5th Cir.· 1992-02-05 ·cited 2×
  A declaratory judgment requiring a party to pay a specific sum of money is considered a money judgment for purposes of Federal Rule of Civil Procedure 62(d), entitling the appealing party to an automatic stay upon posting a supersedeas bond.
• Fla. Dep't of Health Celeste Philip, M.D. v. People United for Medical Marijuana Florida for Care
  250 So. 3d 825· Fla. 1st DCA· 2018-07-03 ·cited 1×
  The State appealed a circuit court order declaring a Florida statute prohibiting smokable medical marijuana unconstitutional under the Medical Marijuana Amendment. The circuit court vacated the automatic stay that arose upon the State's appeal, but the appellate court quashed tha
• SafePoint Ins. Co. v. Riley Ellison, Jr.
  Fla. 3d DCA· 2024-09-18
  SafePoint Insurance Company appealed the denial of its motion for directed verdict and motion for new trial following a jury verdict in favor of the insured, Riley Ellison, Jr., in a water damage and mold exclusion case. The court affirmed, holding that because evidence on causat
• City OF Delray Beach v. White
  616 So. 2d 602· Fla. 4th DCA· 1993-04-07
  The court held that the timely filing of a notice of appeal by a public entity automatically operates as a stay pending review.
• City OF Lake Worth v. Walton
  443 So. 2d 405· Fla. 4th DCA· 1984-01-04
  The trial court erred in granting a writ of mandamus requiring the city to pay a cost judgment because the judgment was subject to an automatic stay upon the timely filing of the notice of appeal.