Supersedeas Bond

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

• Buckley v. City OF Miami Beach
  559 So. 2d 310· Fla. 3d DCA· 1990-04-03 ·cited 15×
  In this long-running eminent domain dispute, the Florida District Court of Appeal affirmed summary judgment for the City of Miami Beach, rejecting Amelia King Buckley's claims for additional compensation based on the date of taking and her constitutional challenges to Chapter 73,
• Pabian v. Pabian
  469 So. 2d 189· Fla. 4th DCA· 1985-05-22 ·cited 15×
  The appellate court held that while a supersedeas bond was permissible, the trial court erred in including future car payments not covered by the order appealed. The case was remanded for modification of the bond amount.
• Fla. Steel Corp. v. A. G. Spanos Enters., Inc.
  332 So. 2d 663· Fla. 2d DCA· 1976-06-02 ·cited 15×
  Florida Steel Corporation sought to garnish judgment proceeds owed to a contractor defendant pending appeal of an unliquidated contract judgment. The court held that while a superseded judgment cannot be garnished during appeal, garnishment proceedings should be stayed rather tha
• In re The Winner Corp. v. H. A. Caesar & CO, Inc.
  511 F.2d 1010· 6th Cir.· 1975-02-25 ·cited 15×
  The court held that the District Court erred in dismissing Caesar's appeals and in adjudging Caesar in contempt, as the appeals were improperly dismissed and the contempt fines were not supported by evidence of damage or properly payable to a private party.
• Luckhardt v. Pardieck
  142 So. 2d 749· Fla. 2d DCA· 1962-06-13 ·cited 15×
  The appellate court strikes from a supersedeas bond an order requiring appellants to pay appellees' attorney's fees on appeal in a mortgage foreclosure case, holding that attorney's fees are not recoverable for resisting an appeal from a final decree on its merits.
• ALL Fla. Sur. Co. v. Coker
  79 So. 2d 762· Fla.· 1955-04-27 ·cited 15×
  All Florida Surety Company appealed a decree canceling an indemnity bond signed by subcontractors, arguing the trial court lacked authority to dismiss the appeal for non-payment of costs and erred in denying supersedeas. The Supreme Court held that trial courts cannot dismiss app
• Holgate v. Jones
  93 Fla. 269· Fla.· 1927-02-15 ·cited 15×
  In a mortgage foreclosure proceeding, the appellants challenged the trial court's order setting a $25,000 supersedeas bond as an abuse of discretion. The Florida Supreme Court held that while the trial court improperly included a deficiency payment condition, the bond amount was
• Nelson v. Honorable John E. Santora
  570 So. 2d 1374· Fla. 1st DCA· 1990-12-10 ·cited 14×
  The court considered a petition for writ of prohibition seeking to prevent the issuance of a certificate of title pending disposition of objections to a foreclosure sale, which was allegedly conducted without proper notice after a stay bond was posted and then struck.
• J.M. Beeson Co. v. Sartori
  553 So. 2d 180· Fla. 4th DCA· 1989-08-30 ·cited 14×
  A general contractor appealed a final judgment awarding liquidated damages and compensatory damages to a shopping center owner for failure to timely complete construction. The Fourth District Court of Appeal reversed and remanded, finding that the contractor had substantially com
• Grubb v. Fed. Deposit Ins. Corp.
  833 F.2d 222· 10th Cir.· 1987-11-10 ·cited 14×
  The Federal Deposit Insurance Corporation (FDIC), acting as receiver for an insolvent bank, is not entitled to exoneration of supersedeas bonds posted by the bank to stay execution of judgments pending appeal, even under 28 U.S.C. § 2408, because the bonds secure a specific judgm
• Norm Burg Constr. Corp. v. Jupiter Inlet Corp.
  514 So. 2d 1102· Fla.· 1987-11-05 ·cited 14×
  The court considered whether a notice of appeal filed after a jury verdict but before a final judgment, which was later amended to include the jury's findings, was sufficient to vest jurisdiction over the common-law indemnity issue.
• In re Monika Thekla Kahihikolo v. Gen. Fin. Corp. OF Ga.
  807 F.2d 1540· 11th Cir.· 1987-01-08 ·cited 14×
  The appeal is dismissed as moot because the creditor sold the collateral after the bankruptcy court lifted the automatic stay, and the trustee failed to obtain a stay pending appeal.
• Henry v. Gentry Plumbing & Heating Co.
  704 F.2d 863· 5th Cir.· 1983-05-13 ·cited 14×
  The court held that a supersedeas bond properly stayed enforcement of the interim default judgment pending appeal, but a general stay of compensation payments pending administrative appeal can only be granted by the Benefits Review Board.
• City OF ST. Petersburg v. Wall
  419 So. 2d 1167· Fla. 2d DCA· 1982-09-29 ·cited 14×
  The court affirmed damages awarded for losses incurred during the appeal period due to a stay but reversed damages awarded for losses incurred during the trial court litigation when the city failed to establish necessity for condemnation.
• In re Dutch INN OF Orlando, Ltd. v. Dutch INN OF Orlando, Ltd.
  614 F.2d 504· 5th Cir.· 1980-03-27 ·cited 14×
  The appeal is dismissed as moot because the sale of assets to a good faith purchaser was completed without a stay pending appeal.
• Eggers v. Narron
  238 So. 2d 72· Fla.· 1970-07-13 ·cited 14×
  A defect in the form or substance of a notice of appeal is not jurisdictional and shall not be grounds for dismissal unless the complaining party was misled or prejudiced.
• Gen. Accident Fire & Life Assurance Corp. v. Harris
  117 So. 2d 44· Fla. 1st DCA· 1960-01-05 ·cited 14×
  In these garnishment proceedings, the trial court entered summary judgments against an insurance company based on damages judgments against the insured. The appellate court had reversed those underlying damages judgments after the garnishment judgments were entered, creating a si
• Carr v. Marion Mortg. Co.
  99 Fla. 540· Fla.· 1930-04-21 ·cited 14×
  This case concerns whether a lower court can appoint a receiver to collect rents from mortgaged property during an appeal after a foreclosure sale. The appellate court held that such an appointment is permissible to preserve the property and rents, even after a sale confirmation,
• A.M. Samara v. Taylor
  38 F.4th 141· 11th Cir.· 2022-06-14 ·cited 13×
  The Eleventh Circuit affirmed the district court's dismissal, holding that the plaintiff's claim for reformation of a mortgage was barred by Alabama's ten-year statute of limitations for actions to recover land.
• Paron Cap. Mgmt. v. Crombie
  2012 WL 2045857· Del. Ch.· 2012-08-02 ·cited 13×
  The Court denied the Defendant's motions to alter or amend the judgment and for a stay of execution, and granted the Plaintiffs' request for attorneys' fees. The court found no manifest injustice, no newly discoverable evidence, and no misapprehension of material facts to warrant
• Jaffe v. Bank of Am., N.A.
  667 F. Supp. 2d 1299· S.D. Fla.· 2009-08-28 ·cited 13×
  The court held that the plaintiff failed to prove his claims against the bank for negligent misrepresentation, breach of fiduciary duty, and equitable estoppel, as the evidence did not support his allegations of oral assurances contrary to the written letter of credit.
• Citizens & Peoples Nat'l Bank OF Pensacola v. Futch
  650 So. 2d 1008· Fla. 1st DCA· 1994-03-30 ·cited 13×
  Citizens & Peoples National Bank appealed a trial court order distributing proceeds from a $170,000 letter of credit securing a judgment between Head and Futch. The court affirmed the distribution of $67,906.55 to Futch and reversed the award of $15,056.85 to Head's attorney Kerr
• Sun-Tek Indus., Inc. v. Kennedy SKY Lites, Inc.
  856 F.2d 173· Fed. Cir.· 1988-09-09 ·cited 13×
  The court held that an appeal challenging only a finding within an order, rather than the order itself, is not appealable, and that pursuing such a frivolous appeal warrants sanctions against counsel.
• Matey v. Pruitt
  510 So. 2d 351· Fla. 2d DCA· 1987-07-22 ·cited 13×
  The court affirmed the jury's finding on the source of funds for judgment satisfaction and the division of contributive shares, but reversed and remanded for recalculation of interest on the judgment from the date of payment.
• City OF ST. Petersburg v. Wall
  475 So. 2d 662· Fla.· 1985-06-20 ·cited 13×
  The Florida Supreme Court resolved a conflict between two district court decisions regarding whether a municipality can be held liable for damages caused by an automatic stay of a trial court judgment in an unsuccessful eminent domain action. The Court held that while a city cann
• Int'l Telemeter v. Hamlin Int'l Corp. & Philip D. Hamlin
  754 F.2d 1492· 9th Cir.· 1985-03-05 ·cited 13×
  The court held that post-judgment interest must be awarded at the statutory rate of 9% under New York law, and not the actual rate earned by funds in an escrow account, as the escrow was a security for the judgment, not actual payment.
• In re Prof'l Air Traffic Controllers Org. (patco). Air Transp. Ass'n of Am. v. Prof'l Air Traffic Controllers Org. (patco)
  699 F.2d 539· D.C. Cir.· 1983-01-21 ·cited 13×
  A federal judgment is not registrable in another district court until it has become final by appeal or expiration of the time for appeal, as required by 28 U.S.C. § 1963.
• Dice v. Cameron
  424 So. 2d 173· Fla. 3d DCA· 1983-01-04 ·cited 13×
  A beneficiary under a will appealed an order approving the estate's proposed distribution, and the court required posting of a supersedeas bond equal to the amount in controversy plus 15%. The appellate court affirmed, holding that the trial court did not abuse its discretion in
• Shinkewitz v. Shinkewitz
  306 So. 2d 537· Fla. 3d DCA· 1975-01-14 ·cited 13×
• Froelich v. Rowley
  102 So. 2d 720· Fla.· 1958-05-09 ·cited 13×
  A church majority cannot withdraw from the parent church and claim title to church property against the minority group remaining faithful.
• Cutting v. Bullerdick
  178 F.2d 774· 9th Cir.· 1949-12-16 ·cited 13×
  A notice of motion, filed within the statutory time limit and clearly indicating an intent to appeal, can be treated as a sufficient notice of appeal, especially when procedural rules were uncertain.
• Campbell v. Jones
  648 So. 2d 208· Fla. 3d DCA· 1994-12-21 ·cited 12×
  The Florida District Court of Appeal reversed a trial court's decision granting a stay of execution of a money judgment without requiring a supersedeas bond. The court held that while an appellant need not post a bond to perfect an appeal, a stay of execution pending appeal can o
• United States v. ONE LOT OF $25
  938 F.2d 1417· 1st Cir.· 1991-07-16 ·cited 12×
  The court held that in a currency forfeiture case, the government's execution of the judgment does not extinguish appellate jurisdiction if a timely appeal is filed, and the filing of a timely appeal makes a stay or supersedeas bond unnecessary for jurisdictional purposes. The co
• Auerbach v. McKINNEY
  549 So. 2d 1022· Fla. 3d DCA· 1989-06-20 ·cited 12×
  A severely brain-damaged minor child settled a personal injury case for $2.5 million, but the settlement funds were improperly disbursed to the plaintiffs' attorneys and a guardian with conflicts of interest rather than to the minor's estate. The appellate court affirmed that the
• Landau & Cleary, Ltd. v. Hribar Trucking, Inc.
  867 F.2d 996· 7th Cir.· 1989-01-31 ·cited 12×
• Adams Apple Distrib. Co. v. Papeleras Reunidas, S.A.
  773 F.2d 925· 7th Cir.· 1985-09-27 ·cited 12×
  The court affirmed the district court's award of consequential damages for breach of contract and the imposition of a lien on the defendant's trademarks, finding no error in either decision.
• Levine v. CMP Publ'ns, Inc.
  738 F.2d 660· 5th Cir.· 1984-08-13 ·cited 12×
  The dissenting judge argues that the majority erred in affirming the jury's finding of negligent reporting and defamatory falsehoods, asserting the article was substantially truthful and protected by the First Amendment.
• In re Charlton v. Ariz. Title Ins. & Tr. Co.
  708 F.2d 1449· 9th Cir.· 1983-06-23 ·cited 12×
  The court held that the district court properly denied Charlton's petition for a writ of mandamus because the bankruptcy court's refusal to vacate its sale orders was proper under Bankruptcy Rule 805, and the appeal was moot.
• Donovan v. Fall River Foundry Co., Inc.
  696 F.2d 524· 7th Cir.· 1982-12-27 ·cited 12×
  A party appealing an order to submit to a government health inspection is not automatically entitled to a stay under Rule 62(d) upon filing a supersedeas bond.
• Farmhand, Inc. v. Anel Eng'g Indus., Inc.
  693 F.2d 1140· 5th Cir.· 1982-12-20 ·cited 12×
  The court affirmed the district court's judgment, finding the patent valid and infringed, and that the defendant was not in contempt of the injunction.
• In the Matter of: William S. Ellis, Jr. v. Corey
  674 F.2d 1238· 9th Cir.· 1982-04-19 ·cited 12×
  The court held that the March 1971 conveyance of the Silversword Inn was a mortgage, not a sale, and reversed the bankruptcy court's judgment to the contrary. The court also vacated a writ of assistance based on that judgment and dismissed a third appeal as moot.
• McDONALD v. Oliver
  642 F.2d 169· 5th Cir.· 1981-04-10 ·cited 12×
  The district court properly denied the petition for ancillary jurisdiction because the underlying lawsuit had been dismissed and satisfied, thereby eliminating the jurisdictional basis for the petition.
• Holton v. State
  311 So. 2d 711· Fla. 3d DCA· 1975-04-29 ·cited 12×
  A pretrial bail bond premium is not a taxable cost when criminal charges are dismissed.
• Knapp v. McFARLAND
  462 F.2d 935· 2d Cir.· 1972-05-01 ·cited 12×
  The court held that the method of execution was valid and that the sheriff is entitled to poundage, to be paid by the judgment debtor who posted a supersedeas bond.
• Ceola Cooks v. Fowler
  437 F.2d 669· D.C. Cir.· 1970-11-13 ·cited 12×
  The court held that an appeal from an order denying a stay of a protective order pending appeal is appealable as a collateral order, and granted a conditional stay of eviction pending the appeal.
• Dragor Shipping Corp. v. Union Tank CAR Co.
  371 F.2d 722· 9th Cir.· 1967-01-04 ·cited 12×
  The court held that a supersedeas bond posted under 28 U.S.C. § 2101(f) to stay a judgment pending Supreme Court certiorari review can cover the costs of the appeal judgment, and the surety is liable for those costs.
• Trail Burger King, Inc. v. Burger King OF Miami, Inc.
  187 So. 2d 55· Fla. 3d DCA· 1966-05-17 ·cited 12×
  Trail Burger King appeals from a declaratory judgment upholding Burger King of Miami's right to set and modify operational standards for its franchisee under their franchise agreement. The court affirmed the lower court's determination that the franchisor could make reasonable ch
• Barnes v. United States
  223 F.2d 891· 5th Cir.· 1955-06-30 ·cited 12×
  The court held that a district court cannot condition a supersedeas bond upon an increase of the sentence, including the addition of costs not originally imposed, after a conviction has been affirmed.
• Cash v. State
  73 So. 2d 903· Fla.· 1954-07-20 ·cited 12×
  The Florida Supreme Court held that when a defendant released on a supersedeas bond is surrendered by the surety and recommitted, the original bail order is terminated, and the defendant must apply for new bail rather than simply tender a replacement bond for the same amount. The
• Peeler v. Duval Cnty.
  70 So. 2d 354· Fla.· 1954-01-05 ·cited 12×
  In this eminent domain proceeding, Peeler sought certiorari review of a circuit court's orders distributing compensation for property taken by Duval County. The Florida Supreme Court upheld the trial court's decision to award interest only to the date money was paid into the cour