Supersedeas Bond

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

• Eisman v. Lauri Ross
  664 So. 2d 1128· Fla. 3d DCA· 1995-12-13 ·cited 24×
  The Third District Court of Appeal affirmed in part and reversed in part a trial court's award of attorneys' fees and costs under Florida Statute section 57.105(1), holding that while the fee award itself was proper, the portion representing costs and attorney time spent litigati
• The Fla. Bar re: Rules of App. Procedure
  463 So. 2d 1114· Fla.· 1984-09-13 ·cited 24×
  The Florida Supreme Court approved comprehensive amendments to the Florida Rules of Appellate Procedure to implement new statutory provisions, clarify procedural matters, and expand district court authority. The amendments address certified questions from county courts, partial f
• Brown v. Britt O. Braddick
  595 F.2d 961· 5th Cir.· 1979-05-07 ·cited 24×
  The court held that district court discovery orders in patent interference cases are final and appealable, and that 35 U.S.C. § 24 authorizes district courts to grant discovery only for materials discoverable under Patent Office rules.
• City OF Miami v. Blanche T. Lewis
  104 So. 2d 70· Fla. 3d DCA· 1958-06-24 ·cited 24×
  A municipal corporation is a political subdivision of the state for purposes of statutory exemption from posting a supersedeas bond on appeal.
• Fed. Prescription Serv., Inc. v. Am. Pharm. Ass'n
  636 F.2d 755· D.C. Cir.· 1980-11-24 ·cited 22×
  A district court has the discretion to grant an unsecured stay of a money judgment pending appeal, even if the appellant does not post a supersedeas bond, provided the court finds sufficient cause and it does not unduly endanger the judgment creditor's interest.
• State ex rel. Lonnie Price v. Guyte P. McCORD, Jr.
  380 So. 2d 1037· Fla.· 1980-02-28 ·cited 22×
  The court held that the automatic stay of a money judgment pending appeal expires after 15 days unless a motion to stay the mandate is filed and granted.
• Bernstein v. Bernstein
  43 So.2d 356· Fla.· 1949-06-28 ·cited 22×
  Melvin Bernstein appealed a final decree in a marital property case, posting a supersedeas bond to stay execution of the sale of real property. The Supreme Court reversed the judgment holding him liable under the bond for attorneys' fees and interest, finding these conditions wer
• Williams v. Keyes
  125 F.2d 208· 5th Cir.· 1942-01-30 ·cited 22×
  The court held that the removal of the case to federal court was proper, and the subsequent bringing in of third-party defendants did not divest the court of jurisdiction. The judgments entered were supported by the bond and indemnity agreements.
• Crichlow v. Equitable Life Assurance Soc'y of the United States
  113 Fla. 668· Fla.· 1933-12-30 ·cited 22×
  This case concerns whether a lower court can proceed with a case after an interlocutory appeal is filed without a supersedeas. The court held that the lower court can proceed, as long as its actions do not interfere with the appellate court's jurisdiction. The decree of the lower
• State Rd. Dep't of the State of Fla. v. Zetrouer
  105 Fla. 650· Fla.· 1932-06-08 ·cited 22×
  The State Road Department sought review of a condemnation judgment awarding $4,725 plus attorney's fees to landowner Zetrouer. The Florida Supreme Court held that a condemnor may appeal a judgment in its favor when challenging its excessiveness, and need not deposit the award int
• Nat'l Serv. Indus., Inc. v. Vafla Corp.
  694 F.2d 246· 11th Cir.· 1982-12-20 ·cited 21×
  The court held that defendants' appeals were frivolous, affirming the grant of summary judgment and remanding for entry of judgment for double costs, attorneys' fees, and damages.
• City OF Jacksonville v. Brentwood Golf Course, Inc.
  338 So. 2d 1105· Fla. 1st DCA· 1976-10-26 ·cited 21×
  The City of Jacksonville appealed a judgment voiding a deed restriction on land conveyed to Brentwood Golf Course. While the City's appeal was ultimately affirmed, the trial court awarded Brentwood damages for delay and depreciation during the appellate process. The appellate cou
• Starkey v. Linn
  727 So. 2d 386· Fla. 5th DCA· 1999-03-05 ·cited 20×
  The court held that a trial court cannot compel a party to post a supersedeas bond and that temporary appellate attorney's fees require a substantive legal basis beyond procedural rules.
• United States v. $95
  913 F.2d 1106· 4th Cir.· 1990-09-13 ·cited 20×
  The court held that the government had probable cause to believe the seized cash was used to finance a cocaine transaction, and the claimant failed to provide an innocent explanation, thus affirming the forfeiture.
• City OF Lauderdale Lakes v. Corn
  415 So. 2d 1270· Fla.· 1982-06-17 ·cited 20×
  A public body cannot be required to post a supersedeas bond as a condition of appeal stay when the appeal concerns legislative planning-level governmental functions, though courts may impose bond requirements in appeals involving operational-level functions. Requiring such bonds
• Gen. Cap. Corp. v. TEL Serv. Co., Inc.
  239 So. 2d 134· Fla. 2d DCA· 1970-09-02 ·cited 20×
  The trial court did not abuse its discretion in limiting appellate costs awarded to a party who prevailed solely due to intervening legislation.
• Bridier v. Burns
  145 Fla. 642· Fla.· 1941-01-14 ·cited 20×
  A judicial sale of mortgaged property must be set aside and remanded when a supersedeas bond lodged by order of a Circuit Judge, with sureties possessing property valued well in excess of the bond amount, was not approved by the Clerk of Court, and the litigants' legal rights wer
• Kahn v. Am. Sur. Co. of N.Y.
  120 Fla. 50· Fla.· 1935-06-10 ·cited 20×
  Harry Kahn, as assignee of a judgment creditor's decree, sued a surety company on a supersedeas bond to recover attorney's fees incurred in defending an appeal. The Florida Supreme Court reversed a new trial order and held that the attorney's fees obligation in the supersedeas bo
• Bear v. Duval Lumber Co.
  112 Fla. 240· Fla.· 1933-10-05 ·cited 20×
  Max L. Bear, as an uncompensated surety for property owner Sullivan on two bonds securing payment of a materialman's judgment, was sued by Standard Accident Insurance Company (assignee of the judgment) for reimbursement. The Florida Supreme Court held that Bear could not assert e
• Daubmyre v. Hunter
  106 Fla. 858· Fla.· 1932-09-30 ·cited 20×
  The Florida Supreme Court affirmed a judgment against a surety on a supersedeas bond, holding that the bond's condition to pay "all costs and damages" upon affirmance of an appeal included damages for use and occupation of premises during the pendency of the appeal. The court con
• Brown v. Marion Mortg. Co.
  107 Fla. 727· Fla.· 1932-09-24 ·cited 20×
  This mortgage foreclosure case involves a dispute over whether a trustee mortgage company had authority to act as trustee and whether the debt had matured when the foreclosure suit was filed. The Florida Supreme Court affirmed the foreclosure decree and receiver appointment, reje
• Labell v. Mary E. Campbell et vir.
  99 Fla. 1125· Fla.· 1930-05-16 ·cited 20×
  This case addresses whether a circuit court can condition a supersedeas bond with a stipulation allowing the court to assess damages summarily if the appeal is dismissed or the judgment is affirmed. The Florida Supreme Court held that no such jurisdiction exists absent statutory
• Mellon United Nat'l Bank v. Cochran
  776 So. 2d 964· Fla. 3d DCA· 2000-12-20 ·cited 19×
  Florida appellate court reversed a trial court's sua sponte suspension of execution on a judgment, holding that a defendant seeking to stay execution pending appeal must post a bond under Rule 9.310(b), not rely on equitable discretion.
• United States v. ONE Lear JET Aircraft
  836 F.2d 1571· 11th Cir.· 1988-03-09 ·cited 19×
• L.B. Harvey Marine, Inc. v. M/V "River ARC" in rem
  712 F.2d 458· 11th Cir.· 1983-08-15 ·cited 19×
  The appeal is dismissed as moot because the vessel, the res, has left the court's in rem jurisdiction.
• Lambert v. State
  151 So. 2d 675· Fla. 1st DCA· 1963-04-09 ·cited 19×
  Lambert, convicted of breaking and entering with intent to commit a felony, appealed and posted a supersedeas bond. When arrested on another charge, the trial court increased his bond without a hearing. The appellate court denied his motion to reduce the bond, holding that absent
• Eakin v. Cont'l Ill. Nat'l Bank & Tr. Co. of Chicago
  875 F.2d 114· 7th Cir.· 1989-05-11 ·cited 18×
  The court held that the liquidator's signature as "Allied Fidelity Insurance Company By: Harry E. Eakin, Indiana Insurance Commissioner, as Liquidator" was legally sufficient and that the judgment awarding $805,000 was proper.
• Union OF Prof'l Airmen v. Alaska Aeronautical Indus., Inc.
  625 F.2d 881· 9th Cir.· 1980-08-14 ·cited 18×
  The court held that the contempt order was civil, not criminal, and thus interlocutory and not immediately appealable by the named defendant, and that the non-party's appeal was moot after the defendant satisfied the contempt award.
• Bank OF Lincolnwood v. Fed. Leasing, Inc.
  622 F.2d 944· 7th Cir.· 1980-05-22 ·cited 18×
  The court held that the district court abused its discretion by entering a Rule 54(b) certification sua sponte without adequately considering the relationship between adjudicated and unadjudicated claims and the financial prejudice to the defendant.
• Trans World Airlines, Inc. v. Hughes
  515 F.2d 173· 2d Cir.· 1975-03-07 ·cited 18×
  The dissenting judge argues that the majority erred in disturbing the trial judge's discretion to disallow certain audit expenses as taxable costs.
• Fitzgerald v. Addison
  287 So. 2d 151· Fla. 2d DCA· 1973-12-07 ·cited 18×
  The Florida District Court of Appeal reversed an order requiring an insurance carrier to post a supersedeas bond exceeding its policy limits. The court held that an insurer should be permitted to supersede only the portion of a judgment against its insured that equals the insurer
• Winckler & Smith Citrus Prods. Co. v. Sunkist Growers, Inc.
  346 F.2d 1012· 9th Cir.· 1965-06-04 ·cited 18×
  The court held that the district court's finding that the plaintiff could not prove damages or causation was not clearly erroneous, thus the stay of proceedings and subsequent dismissal were proper.
• The City OF Miami v. Murphy
  137 So. 2d 825· Fla.· 1962-02-14 ·cited 18×
  The Florida Supreme Court upheld statutory requirements that appellants, including municipalities, must pay trial court costs or file a supersedeas bond before pursuing an appeal, rejecting the City of Miami's argument that such requirements unconstitutionally condition a constit
• Local Lodge No. 1248 OF Int'l Ass'n OF MacHinists v. ST. Regis Paper Co.
  125 So. 2d 337· Fla. 1st DCA· 1960-12-20 ·cited 18×
  A labor union and 85 of its members appealed from a trial court order that denied motions to dissolve a temporary injunction and to discharge a contempt finding, and adjudged all 85 members in criminal contempt for violating the injunction. The appellate court held that the conte
• Kulhanjian v. Moomjian
  105 So. 2d 783· Fla.· 1958-10-17 ·cited 18×
  The court held that a partial reversal of a decree requiring an accounting and entry of a new decree is not an affirmance that obligates the surety on a supersedeas bond conditioned to satisfy the original decree or its modification.
• Siegfried Otto's Heirs v. Kramer
  797 So. 2d 594· Fla. 3d DCA· 2001-08-15 ·cited 17×
  The court held that the second Florida action was not barred by res judicata or forum non conveniens, and that the heirs could pursue discovery regarding Florida assets.
• Finst Dev., Inc. v. Bemaor
  449 So. 2d 290· Fla. 3d DCA· 1983-10-04 ·cited 17×
  A supersedeas bond for a main judgment does not divest the trial court of jurisdiction to enter an ancillary judgment for attorneys' fees and costs.
• Courtnay Taylor v. Tracor Marine, Inc.
  683 F.2d 1361· 11th Cir.· 1982-08-23 ·cited 17×
  The court held that the appeal is moot because the proceeds from the vessel's sale were disbursed and no stay was obtained.
• Jackson v. Granger Lumber Co., Inc.
  275 So. 2d 555· Fla. 1st DCA· 1973-04-05 ·cited 17×
  This appeal challenges a foreclosure judgment on an agreement for deed. The trial court found the homeowner in default based on delinquent monthly payments, and the appellate court affirmed, holding that the record supports the foreclosure despite the loss of testimony transcript
• Natural Gas Pipeline Co. of Am. v. Fed. Power Comm'n
  128 F.2d 481· 7th Cir.· 1942-05-22 ·cited 17×
  The Circuit Court of Appeals has exclusive original jurisdiction over the review of the Federal Power Commission's rate orders, including the ancillary jurisdiction to distribute funds accumulated due to a stay order and bond, and this jurisdiction is mandatory, not discretionary
• Nash v. Haycraft
  34 Fla. 449· Fla.· 1894-06-01 ·cited 17×
  This case involves a motion to dismiss a writ of error because not all parties to a joint judgment joined in the appeal and because a surety on the supersedeas bond was a practicing attorney. The court granted the motion to amend the writ to include the omitted party but allowed
• Brown v. United Ins. Co. OF Am.
  807 F.2d 1239· 5th Cir.· 1987-01-20 ·cited 16×
  A motion for clarification of a judgment, filed after post-judgment motions were denied and the original judgment remained unchanged, does not vitiate a previously filed notice of appeal.
• Hunt v. Liberty Lobby, Inc.
  707 F.2d 1493· D.C. Cir.· 1983-05-13 ·cited 16×
  The court held that the pendency of an appeal does not diminish the res judicata effect of a federal court judgment, and an independent action to domesticate a judgment can be commenced despite a pending appeal.
• Proctor v. Gissendaner
  587 F.2d 182· 5th Cir.· 1979-01-02 ·cited 16×
  The Alabama statute providing for a 10% penalty on affirmed judgments with supersedeas bonds is applicable in diversity cases via the Erie doctrine.
• In re Nat'l Homeowners Sales Serv. Corp. v. Nat'l Homeowners Sales Serv. Corp.
  554 F.2d 636· 4th Cir.· 1977-05-10 ·cited 16×
  The appeal is dismissed as moot because the sale of the hotel to a good faith purchaser was consummated without an effective stay pending appeal.
• Atl. Richfield Co. v. Zarb
  532 F.2d 1363· Temp. Emer. Ct. App.· 1976-04-07 ·cited 16×
  The FEA Remedial Order was invalid because the Emergency Petroleum Allocation Act did not grant the FEA authority to regulate ARCO's service station property or recreate expired supplier/purchaser relationships.
• Knight v. Global Contact Lens, Inc.
  220 So. 2d 693· Fla. 3d DCA· 1969-03-21 ·cited 16×
  A landlord sought to evict a tenant in civil court, and the tenant filed a separate suit in circuit court seeking declaratory relief and an injunction to restrain the eviction proceedings. The court held that the circuit court had equity jurisdiction to hear the tenant's claims a
• In the Matters of Webcor, Inc.
  392 F.2d 893· 7th Cir.· 1968-02-07 ·cited 16×
  The court held that the referee did not abuse his discretion in adjudicating the corporations bankrupt and confirming the sale of assets, as the corporations had ample time to file a plan and the sale was conducted properly.
• Gullet v. Gullet
  174 F.2d 531· D.C. Cir.· 1949-04-25 ·cited 16×
  The court held that the district court did not err in finding the Florida divorce decree invalid due to fraud and in subsequently awarding permanent maintenance and holding the appellant in contempt for non-payment.
• Katz v. N.M.E. Hosps., Inc.
  842 So. 2d 853· Fla. 4th DCA· 2002-12-26 ·cited 15×
  The appellate court held that a writ of certiorari is the proper remedy for a non-final discovery order compelling a deposition duces tecum in aid of execution, but denied the petition because the appellant failed to show irreparable harm.