Supersedeas Bond

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

• Williams v. State
  324 So. 2d 74· Fla.· 1975-12-03 ·cited 269×
  The Florida Supreme Court clarified two critical procedural issues in criminal appeals: (1) timely filing of a notice of appeal alone—without simultaneous payment of filing fees—is jurisdictional and vests appellate court jurisdiction, and (2) a notice of appeal filed prematurely
• In re Combined Metals Reduction Co. v. Gemmill
  557 F.2d 179· 9th Cir.· 1977-06-06 ·cited 127×
  Appeals concerning property sales and leases are dismissed as moot because the transactions were consummated under court orders, and the appellant failed to obtain stays pending appeal, rendering effective relief impossible.
• W.W. GAY Mech. Contractor, Inc. v. Wharfside TWO, Ltd.
  545 So. 2d 1348· Fla.· 1989-06-15 ·cited 99×
  Expert testimony regarding prospective lost profits is admissible if (1) the defendant's action caused the damage and (2) there is some standard by which the amount of damages may be adequately determined. A business can recover lost prospective profits regardless of whether it i
• Point Landing, Inc. v. Ala. DRY Dock & Shipbuilding Co.
  261 F.2d 861· 5th Cir.· 1958-11-21 ·cited 96×
  The court held that the intervenor's claim for a maritime lien was improperly denied without a hearing, as the facts did not establish waiver or laches as a matter of law.
• State v. Mussa C. Bateh
  110 So. 2d 7· Fla.· 1959-02-25 ·cited 82×
  The Florida Supreme Court held that trial judges cannot indefinitely defer the imposition of sentence without placing a defendant on probation. Once a defendant is adjudged guilty, the trial judge must either sentence him immediately or place him on probation, and any deferred se
• Gulf Coast Bldg. & Supply Co., Inc. v. Int'l Bhd. OF Elec. Workers, Local NO. 480, AFL-CIO
  460 F.2d 105· 5th Cir.· 1972-05-12 ·cited 62×
  The district court erred in reforming a prior judgment to remove prejudgment interest because the appellate court's prior affirmance was law of the case, and the motion for relief under Rule 60(b) was untimely and improperly applied.
• Waring v. Bass
  76 Fla. 583· Fla.· 1918-12-21 ·cited 60×
  In this mechanic's lien case, the Florida Supreme Court affirmed that a contractor's lien on real property can attach against a property owner who authorized the work and acquiesced in its performance, even without direct contractual privity or statutory notice, when the owner ga
• Poplar Grove Planting & Ref. Co., Inc. v. Bache Halsey Stuart, Inc.
  600 F.2d 1189· 5th Cir.· 1979-08-20 ·cited 56×
  A district court's discretion to set a supersedeas bond below the full judgment amount requires objective demonstration by the debtor of financial ability and a plan for continued solvency, which was lacking here.
• Alliant TAX Credit 31, Inc v. Murphy
  924 F.3d 1134· 11th Cir.· 2019-05-15 ·cited 51×
  Alliant Tax Credit entities obtained a judgment against Vincent Murphy for breach of a partnership contract in Kentucky, but found him judgment-proof and sued under Georgia's fraudulent-transfer statute to recover assets Murphy had transferred to his ex-wife Marilyn as part of th
• N. Ind. Pub. Serv. Co. v. Carbon Cnty. Coal Co.
  799 F.2d 265· 7th Cir.· 1986-08-13 ·cited 47×
  The court held that the district judge did not abuse discretion in denying a continuance, and the contract was not rendered unenforceable by a potential violation of the Mineral Lands Leasing Act.
• Redding & Co., Inc. v. Russwine Constr. Corp.
  417 F.2d 721· D.C. Cir.· 1969-03-21 ·cited 47×
  The court held that an order refusing a stay of execution is sufficiently final to confer appellate jurisdiction, and that a supersedeas bond is not warranted given the low probability that the underlying order is a final, enforceable judgment.
• Vinson v. Aldine Vinson
  139 Fla. 146· Fla.· 1939-07-07 ·cited 45×
  The Florida Supreme Court holds that alimony pendente lite and attorney's fees cannot be awarded to a former spouse during an appeal from a divorce decree modification, absent a continuing marital relationship. The court overrules Frohock v. Frohock and reaffirms the fundamental
• Ry. Express Agency, Inc. v. Leverett Ray Epperson
  240 F.2d 189· 8th Cir.· 1957-01-18 ·cited 44×
  The court held that a notice of appeal, though imperfectly worded, can be sufficient if the intent to appeal the judgment is clear from the context and the appellee is not misled. The court also found that while a letter admitting liability should have been admitted, its exclusio
• Townsend v. Holman Consulting Corp.
  929 F.2d 1358· 9th Cir.· 1990-09-06 ·cited 43×
  The court held that Rule 11 sanctions should not be imposed unless all claims against a particular defendant are frivolous or filed for an improper purpose.
• Allen Archery, Inc. v. Precision Shooting Equip., Inc.
  857 F.2d 1176· 7th Cir.· 1988-09-29 ·cited 43×
  A supersedeas bond does not cure a failure to name a party in the notice of appeal, as strict compliance with naming requirements is necessary.
• In re Florida Appellate Rules
  131 So. 2d 740· Fla.· 1961-07-07 ·cited 43×
  The Florida Supreme Court amended Rule 3.8 of the Florida Appellate Rules to clarify the jurisdiction of lower courts over procedural matters pending appeal, with particular attention to family law matters involving separate maintenance, support, and alimony payments.
• Am. Bank OF Wage Claims v. Registry OF the Dist. Court OF Guam
  431 F.2d 1215· 9th Cir.· 1970-09-21 ·cited 42×
  The court held that the release of the vessel's proceeds from the court's jurisdiction without a stay of execution divests the court of in rem jurisdiction, rendering appeals moot.
• Country Fairways, Inc. v. Mottaz-Appellee
  539 F.2d 637· 7th Cir.· 1976-08-09 ·cited 40×
  The court held that the district court did not err in dismissing the debtor's appeal from the bankruptcy court's orders confirming the sale of assets and denying a Chapter XI reversion, as the appeal was moot due to failure to obtain a stay or file a supersedeas bond.
• Thorpe v. Thorpe
  364 F.2d 692· D.C. Cir.· 1966-06-30 ·cited 40×
  The court held that the district court abused its discretion by imposing an unprecedented and potentially impossible condition for vacating a default judgment without sufficient justification.
• GEICO Fin. Servs., Inc. v. Kramer
  575 So. 2d 1345· Fla. 4th DCA· 1991-02-27 ·cited 39×
  Joinder of the underinsured tort-feasor is mandatory, not permissive, in an action against the underinsured motorist insurer when the insurer rejects a settlement offer within the liability policy limits.
• Horn v. Horn
  73 So. 2d 905· Fla.· 1954-07-06 ·cited 39×
  The Florida Supreme Court vacated orders entered by the trial court after notice of appeal was filed requiring the appellant to pay temporary counsel fees and to post a bond as a condition of perfecting his appeal. The court held that once jurisdiction transfers to the appellate
• Parsons & Whittemore Overseas Co., Inc. v. Societe Generale DE L'Industrie DU Papier (Rakta)
  508 F.2d 969· 2d Cir.· 1974-12-23 ·cited 37×
  The court affirmed the district court's confirmation of a foreign arbitral award, finding that the defenses raised against enforcement were not valid under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
• In re Forfeiture OF $104 v. Metro Dade Police Dep't
  589 So. 2d 283· Fla.· 1991-11-14 ·cited 35×
  Filing a notice of appeal while a post-trial motion is pending does not divest the trial court of jurisdiction to consider the motion, and the notice of appeal does not constitute an abandonment of the motion.
• Dixon v. Dixon
  184 So. 2d 478· Fla. 2d DCA· 1966-03-09 ·cited 35×
  This case involves a dispute over life insurance policy proceeds following the death of James M. Dixon. The court held that a divorce decree's provision requiring the decedent to maintain insurance policies payable to his minor son constituted a valid divesting of the decedent's
• Lawson v. Cnty. Bd. of Pub. Instruction
  114 Fla. 153· Fla.· 1934-03-05 ·cited 35×
  This case concerns a motion to modify a supersedeas bond order in an appeal. The appellate court considered whether attorney fees could be included as a condition of the bond for an interlocutory appeal, ultimately denying the motion to modify.
• In re Cada Invs., Inc. v. Lake
  664 F.2d 1158· 9th Cir.· 1981-12-28 ·cited 34×
  The court held that the bankruptcy court's order setting aside a confirmed sale was a proper exercise of discretion due to compelling equities, and the appeal was not rendered moot by the subsequent conveyance of the property.
• Broward Cnty. Rubbish Contractors Ass'n v. Broward Cnty.
  112 So. 2d 898· Fla. 2d DCA· 1959-04-01 ·cited 34×
  The Broward County Rubbish Contractors Association and its members appealed multiple interlocutory orders denying their request for an injunction against a county garbage franchise agreement with Affiliated Services, Inc. The court affirmed, holding that the Board of County Commi
• Kemart Corp. v. Printing Arts Research Labs., Inc.
  232 F.2d 897· 9th Cir.· 1956-04-18 ·cited 34×
  The court held that the trial court must reconsider issues of attorney fees and damages, and that witness fees for corporate officers are taxable costs, while mileage for out-of-district witnesses is limited to the distance they are amenable to subpoena.
• In re Bleaufontaine, Inc. v. Roland Int'l
  634 F.2d 1383· 5th Cir.· 1981-01-26 ·cited 33×
  The court held that the district court correctly dismissed the bankrupts' appeals as moot because the sale was to a good faith purchaser and was not stayed pending appeal, and the bankruptcy court's good faith finding was not clearly erroneous.
• Causey v. Civiletti
  621 F.2d 691· 5th Cir.· 1980-07-14 ·cited 32×
  The court held that a prisoner cannot complain about the order in which federal and state sentences are served, especially when the federal government issued a detainer and the prisoner failed to pursue his direct appeal.
• Sundie v. Haren
  253 So. 2d 857· Fla.· 1971-09-08 ·cited 32×
  The Florida Supreme Court reversed the District Court of Appeal's decision and dismissed the petition for writ of certiorari, holding that when an appellate court reverses a judgment, the party benefiting from reversal is entitled to restitution of property from the judgment cred
• Lewis v. Lewis
  66 So. 2d 260· Fla.· 1953-07-17 ·cited 32×
  Art Lewis seeks to quash an injunctive order issued after a prior injunction was dissolved and the bond discharged, arguing it was issued without a proper bond.
• Texaco Inc. v. Pennzoil Co.
  784 F.2d 1133· 2d Cir.· 1986-02-20 ·cited 31×
  The court held that the district court had jurisdiction over Texaco's claims regarding the Texas bonding and lien provisions violating due process and equal protection, but lacked jurisdiction over other claims that constituted an impermissible review of the Texas state court jud
• Fakouri v. Cadais
  147 F.2d 667· 5th Cir.· 1945-02-22 ·cited 31×
  The court held that a nuncupative testament by public act is void if it does not expressly state on its face that the will was dictated to the notary and written down by him in the presence of the witnesses, as required by Louisiana law.
• Md. Cas. Co. v. Hanson Dredging, Inc.
  393 So. 2d 595· Fla. 4th DCA· 1981-01-21 ·cited 30×
  The court held that the trial court did not err in denying Westinghouse's motion to intervene after final judgment, as intervention is generally not permitted post-judgment and the circumstances did not warrant an exception.
• Ex Parte: Archibald Livingston
  116 Fla. 640· Fla.· 1934-09-26 ·cited 30×
  Archibald Livingston, former President and Director of Citizens Bank of Madison, Florida, was convicted of bank fraud in a trial in Lafayette County following reversal of his original conviction. The Florida Supreme Court holds that all proceedings after an erroneous disposal of
• Bacon v. Green
  36 Fla. 313· Fla.· 1895-06-01 ·cited 30×
  The Florida Supreme Court held that a supersedeas granted on a final judgment does not restore personal property that was attached, levied upon, and condemned by the judgment to satisfy the debt, even though it suspends further proceedings on the judgment itself. The court distin
• E. Ave., LLC v. Insignia Bank
  136 So. 3d 659· Fla. 2d DCA· 2014-01-17 ·cited 29×
  East Avenue appealed an amended summary final judgment on three counts while other interrelated counts remained pending in the circuit court. The court treated the appeal as a certiorari petition and granted it, holding that a trial court improperly issued an executable final jud
• Carr v. Marion Mortg. Co.
  99 Fla. 807· Fla.· 1930-03-12 ·cited 29×
  This case concerns a motion to modify a supersedeas bond in a mortgage foreclosure appeal. The appellate court considered whether conditions requiring the appellants to pay taxes and insurance premiums on the mortgaged property were permissible. The court ultimately denied the mo
• Mann v. Thompson
  118 So. 2d 112· Fla. 1st DCA· 1960-02-18 ·cited 28×
  Carl and Marion Mann appealed a restitution decree denying them damages for losses incurred by complying with an erroneous eviction decree. The Florida District Court of Appeal held that restitution on reversal of an erroneous judgment is limited to benefits the judgment creditor
• Fla. Ins. Guar. Ass'n v. Gustinger
  390 So. 2d 420· Fla. 3d DCA· 1980-11-12 ·cited 27×
  The Florida Insurance Guaranty Association (FIGA) is liable for attorney fee awards from workmen's compensation proceedings as a statutory successor to an insolvent insurer, but is not liable for interest on those awards prior to final judgment.
• Bion H. Barnett v. Hickson
  52 Fla. 457· Fla.· 1906-06-01 ·cited 27×
  Bion H. Barnett appealed from a demurrer sustaining judgment in an equity suit, challenging whether a court of chancery had jurisdiction to stay execution on a judgment obtained against him as a surety on a supersedeas bond. The Florida Supreme Court affirmed that courts of law h
• Olympia Equip. Leasing Co. v. W. Union Tel. Co.
  786 F.2d 794· 7th Cir.· 1986-03-13 ·cited 26×
  A supersedeas bond is not strictly mandatory under Rule 62(d), and a district court has discretion to allow alternative security when a bond is unobtainable or would impose undue hardship, balancing the interests of the judgment creditor and other creditors.
• Ronette Commc'ns Corp. v. Pasquale Lopez
  475 So. 2d 1360· Fla. 5th DCA· 1985-10-03 ·cited 26×
  Ronette Communications appealed a wrongful death judgment against it but paid the judgment to avoid execution levy before the appeal was decided. The court held that the payment was involuntary and did not waive the appellant's right to appeal, distinguishing between voluntary pa
• 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
• The Denny. Agric. Coop. Ass'n of Lithuania Lietukis v. THE Denny
  127 F.2d 404· 3d Cir.· 1942-03-27 ·cited 26×
  The court held that the powers of attorney for Lietukis and Baltic Lloyd were sufficiently proved and valid, but the authority for State Steamship Line was not established. The district court erred in dismissing the libel for in personam claims.
• Davis v. Horne
  54 Fla. 563· Fla.· 1907-06-01 ·cited 26×
  This case concerns the sufficiency of a mortgage's property description and the propriety of an injunction and receiver appointment. The court held that the description was sufficient between the parties and that the injunction and receiver were warranted.
• OLD Time Enters., Inc. v. Int'l Coffee Corp.
  862 F.2d 1213· 5th Cir.· 1989-01-13 ·cited 25×
  The court held that the district court did not err in dismissing OTE's RICO claim for failure to state a claim, but modified the dismissal to be without prejudice due to the complexity of RICO and the undeveloped state of the law at the time. The surety's motion for summary judgm
• Broward Cnty. v. Denkenberger, Jr.
  359 So. 2d 509· Fla. 4th DCA· 1978-05-23 ·cited 25×
  Broward County appealed a writ of mandamus requiring it to approve a subdivision plat filed by Narco Realty, Inc. The court held that when a property owner complies with all statutory requirements for plat approval, the county's approval becomes a ministerial act that can be comp
• Garcia v. Garcia
  743 So. 2d 1225· Fla. 4th DCA· 1999-11-17 ·cited 24×
  The court affirmed the trial court's order adopting the general master's ruling for temporary attorney's fees and costs, finding the husband's exceptions were not sufficiently specific. The court also held that an order for temporary attorney's fees and costs in a modification ac