Supersedeas Bond

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

• Am. Cas. Co. of Reading v. PAN Am. Bank OF Miami
  156 So. 2d 27· Fla. 2d DCA· 1963-09-11
  American Casualty Company appeals a judgment holding it liable on a supersedeas bond issued for an untimely appeal that was subsequently dismissed. The court upheld liability despite the failed appeal condition, finding that an appellant's failure to perfect an appeal is a breach
• Eiizabeth Massey Whidby v. Massey
  152 So. 2d 534· Fla. 2d DCA· 1963-04-26
  Elizabeth Massey Whidby appealed an order modifying a custody decree to grant her ex-husband visitation rights for three one-week periods during summer 1962. The appellate court dismissed the appeal as moot because the custody modification was limited to 1962 and had already been
• Fla. Crushed Stone Co. v. Apalachicola N. R. R. Co.
  20 Fla. Supp. 139· Fla. Railroad & P. U. C.· 1962-09-27
  The Florida Railroad & Public Utilities Commission, on remand from the Florida Supreme Court, fixed the terms and amount of a supersedeas bond required for Florida East Coast Railway Company to obtain a stay of commission orders requiring the railroad to establish a 15-cent-per-t
• Pub. Serv. Mut. Ins. Co. v. State
  140 So. 2d 66· Fla. 1st DCA· 1962-03-27
  A surety on an appearance bond appeals a forfeiture judgment after the principal failed to appear in court. The court reversed, holding that the principal's incarceration by federal authorities within Florida constitutes an act of law that exonerates the bond, distinguishing this
• In re Florida Appellate Rules
  139 So. 2d 139· Fla.· 1962-03-21
  The Florida Supreme Court adopted comprehensive amendments and revisions to the Florida Appellate Rules, effective July 1, 1962. The amendments modernized procedural rules governing appeals, practice by foreign attorneys, record preparation, and supersedeas bonds.
• Howard v. Howard
  16 Fla. Supp. 206· Duval Cty. Cir. Ct.· 1960-10-18
  In this domestic relations case, the trial court found defendant Charles Franklin Howard in willful contempt for failing to comply with a July 1960 support order requiring increased alimony payments. The court sentenced him to jail until he paid the arrearage, rejecting his petit
• Milton v. Hagan Parrish
  122 So. 2d 188· Fla.· 1960-07-08
  The Florida Supreme Court discharged a writ of habeas corpus, finding that while the petitioner was unlawfully held for contempt sentences due to uncredited gain time, she was lawfully held under a ten-year sentence for attempted murder, from which no supersedeas bond had been po
• City of Jacksonville v. Lentz
  13 Fla. Supp. 192· Duval Cty. Cir. Ct.· 1958-12-01
  The City of Jacksonville appealed dismissals of municipal court convictions where appellants failed to perfect their appeals by filing required briefs. The circuit court held that while dismissal was proper for failure to prosecute, the appellees' failure to provide notice of the
• Smith v. Smith
  100 So. 2d 391· Fla.· 1958-02-14
  In a marital dissolution case, the Florida Supreme Court addressed whether a husband in contempt for failing to pay an appellate attorney fee could be held liable, and whether a surety bond securing the appeal could be used to satisfy the fee obligation. The Court held the surety
• Axtell v. Axtell
  12 Fla. Supp. 100· Palm Beach Cty. Cir. Ct.· 1957-11-27
  The court held that the defendant failed to show a legal reason why an Ohio court order regarding child custody should not be enforced.
• In re McCOLLUM'S Estate
  11 Fla. Supp. 88· Suwannee Cty. J. Ct.· 1957-09-19
  In this estate matter, the county judge denied Horace Hill's motion for a supersedeas bond because Hill failed to file the motion within the statutory 30-day period following entry of the July 17 order requiring him to reimburse the estate $1,950. The court held it lacked authori
• Jones v. State
  81 So. 2d 656· Fla.· 1955-07-22
  The Florida Supreme Court denied a motion for a supersedeas bond, finding the appellant did not make a sufficient showing to the trial judge. However, the denial was without prejudice, allowing the appellant to be fully heard by the trial judge on the matter.
• Larson v. Higginbotham
  66 So. 2d 40· Fla.· 1953-06-23
  The Florida Supreme Court reviewed an order setting the terms of a supersedeas bond for an appeal. The court held that requiring attorneys' fees for resisting an appeal from a final decree is improper and not authorized by statute or court rules, thus modifying the bond's conditi
• J. A. Cantor Assocs., Inc. v. Woolin
  2 Fla. Supp. 141· Dade Cty. Cir. Ct.· 1952-07-17
  The Court approved a stipulation and modified a prior decree concerning water rights and storage in the North Platte River basin.
• Cent. States Coops., Inc. v. Watson Bros. Transp. Co., Inc.
  180 F.2d 689· 7th Cir.· 1950-02-10
  The court held that a pending appeal and supersedeas bond create a substantial controversy, preventing dismissal for mootness, and that the substantive rights of the parties are governed by state law.
• Sewerage & Water Bd. of New Orleans v. THE Cumulus
  172 F.2d 102· 5th Cir.· 1949-02-01
  The court held that the trial court correctly dismissed the suit because it lacked jurisdiction, as the attachment was invalid under both state statutes and the attempt to convert the action to in personam was ineffective.
• Fisher v. Time, Inc.
  153 F.2d 806· 7th Cir.· 1946-03-04
  The court held that the district court did not err in denying a temporary restraining order and preliminary injunction because it should not interfere with the jurisdiction already obtained by a state court of concurrent jurisdiction.
• Estes v. United States
  141 F.2d 691· 9th Cir.· 1944-03-17
• Anderson-Cottonwood Irr. Dist. v. Mason
  135 F.2d 112· 9th Cir.· 1943-03-29
  The court held that the appeal should be dismissed as moot because the appellee's deposit of bonds was made to protect his interests and clearly indicated his intent, regardless of the outcome of his efforts to set aside the decree.
• State v. Cone
  130 Fla. 315· Fla.· 1937-12-03
  This case involves a stipulation between the parties to reverse a lower court's final judgment and remand the case with directions to issue a peremptory writ of mandamus. The appellate court agreed to the stipulation, reversing the judgment without prejudice and without addressin
• Craig v. Wilder
  125 Fla. 384· Fla.· 1936-10-01
  The Florida Supreme Court held that a supersedeas bond filed by appellants Craig and Albritton was deficient because it violated statutory requirements for surety bonds, specifically because an attorney for the appellants attempted to execute the bond and because the bond lacked
• Mizner Land Corp. v. Abbott
  121 Fla. 582· Fla.· 1935-11-19
  The Florida Supreme Court modified a Circuit Judge's supersedeas order to specify the terms and conditions of the supersedeas bond that appellants must file to stay execution of a decree pending appeal. The Court clarified the bond amount, obligees, conditions, and scope of liabi
• Tampa Coffee Mills v. Zetta M. Johnson
  120 Fla. 834· Fla.· 1935-09-16
  The Florida Supreme Court modified a supersedeas bond order to clarify the conditions under which Tampa Coffee Mills must post security pending appeal in a case involving a shareholder (Zetta M. Johnson). The court specified that the bond must cover all costs, damages including s
• Gus' Baths, Inc. v. Lightbown
  118 Fla. 813· Fla.· 1935-03-20
  Gus' Baths, Inc. appeals a judgment in favor of Lightbown on a bond condition requiring payment of taxes and insurance accrued during appeal of a foreclosure decree. The Florida Supreme Court reverses, holding that the bond condition regarding payment of taxes was improperly cons
• Richards v. Reuben Coleman
  117 Fla. 862· Fla.· 1935-01-04
  Coleman sued Richards on a supersedeas bond to recover the balance of a judgment that had been partially satisfied. Richards raised pleas of payment and release, but the trial court found no evidence supporting these defenses and instructed a verdict for Coleman. Richards appeale
• Emerson B. Helm v. Lawrence
  111 Fla. 53· Fla.· 1933-06-13
  The Florida Supreme Court vacated and set aside a previously entered supersedeas order and bond in a trust and estate case, requiring the appellants to post a new supersedeas bond within fifteen days in compliance with statutory requirements governing appeals from estate administ
• Becker v. Taylor
  108 Fla. 576· Fla.· 1933-03-03
  The Florida Supreme Court reviewed an order from a Circuit Judge regarding a supersedeas bond. The Court approved the conditions of the bond but reduced its amount.
• Hayter v. The Am. Agric. Chem. Co.
  106 Fla. 647· Fla.· 1932-09-06
  The Florida Supreme Court addresses the terms and conditions of a supersedeas bond required to stay execution of a lower court judgment. The Court remands the matter to the Circuit Court with specific directions on the bond's scope, conditioning it to cover all costs, damages, in
• McCloud v. Cassady
  104 Fla. 241· Fla.· 1932-02-16
  The Florida Supreme Court reversed a lower court's decision regarding appellate procedures for misdemeanor convictions from Justice of the Peace courts. The court clarified that a 1919 act did not repeal prior statutes governing such appeals.
• George v. Bank of Waldo
  103 Fla. 1189· Fla.· 1931-09-26
  The Florida Supreme Court ordered the plaintiff in error to pay accrued costs, including newspaper advertisement and sheriff's fees, as a condition of perfecting supersedeas in a case involving an execution and property sale.
• Haigouhe Baylarian v. Tunnicliffe
  103 Fla. 1187· Fla.· 1931-08-31
  Haigouhe Baylarian appealed a foreclosure decree that would sell her separate property to satisfy her husband's debt to a bank liquidator. The Florida Supreme Court granted a stay of the foreclosure pending appeal, conditioned on posting a reduced bond.
• Connelly v. The Special Rd. & Bridge Dist. No. 5
  100 Fla. 788· Fla.· 1930-09-11
  P. F. Connelly appealed from a chancellor's order denying his petition to vacate prior decrees that dissolved an injunction and dismissed his bill of complaint against the Special Road and Bridge District and others. The Florida Supreme Court affirmed, holding that the chancellor
• Gutelius v. Noble
  99 Fla. 288· Fla.· 1930-02-06
  The Florida Supreme Court addressed whether a writ of garnishment remains valid after a trial court grants a motion for a new trial and vacates the underlying judgment. The Court held that under Florida law, a writ of error to an order granting a new trial operates to hold all pr
• Miller v. John T. Walbridge Eng'g Co.
  97 Fla. 447· Fla.· 1929-04-02
  F. A. Miller appealed the chancellor's order dissolving a temporary injunction he had obtained against Naples Tamiami Realty Company, F. L. Miles, and John T. Walbridge Engineering Company. The Florida Supreme Court affirmed the dissolution order because the oral testimony upon w
• Sirmans v. Tompkins
  95 Fla. 894· Fla.· 1928-05-10
  The Florida Supreme Court affirmed orders from a lower court but reversed an order confirming a sale, finding it invalid because it was issued after a supersedeas order became effective. The court denied a rehearing.
• City of DeLand v. Moorhead
  95 Fla. 383· Fla.· 1928-02-29
  This case involves a motion to quash a supersedeas bond that was set too low to protect public funds. The appellate court found the bond inadequate and allowed the appellees to seek a new order for a proper bond from the circuit judge.
• Wilson v. Duncan
  85 Fla. 47· Fla.· 1923-01-19
  The Florida Supreme Court denied appellants' motion to modify a supersedeas order and bond from a prior appeal, holding that once the Court had affirmed the lower court's order and remanded the case, matters regarding the supersedeas became issues for the Circuit Court to address
• Donegan v. Marx A. Safford
  77 Fla. 610· Fla.· 1919-05-12
  The Florida Supreme Court denied a motion to vacate a supersedeas, finding that the circuit judge lacked the power to grant it because no supersedeas bond was filed within the statutory timeframe. The court also denied the appellant's counter-motion for a supersedeas.
• Barney Cavanaugh Hardware Co. v. Lewis & Bro.
  43 Fla. 436· Fla.· 1901-06-01
  A mortgagee holding only a chattel mortgage lien on merchandise lacks standing to file a claim proceeding against attachment writs executed on the mortgaged property. The Florida Supreme Court reversed the lower court's order allowing Mrs. Callie H. Lewis to claim merchandise as
• Griffin v. Lacourse
  31 Fla. 125· Fla.· 1893-01-01
  Griffin sought to quash an execution issued on a judgment in favor of Lacourse (as administratrix) after a written settlement agreement purportedly satisfied the judgment. The Florida Supreme Court affirmed the lower court's denial of the motion to quash, holding that Griffin fai