Supersedeas Bond

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

• Sada Yoshinuma v. Oberdorfer Ins. Agency at al.
  136 F.2d 460· 5th Cir.· 1943-06-25 ·cited 12×
  The filing of a Chapter XI arrangement petition does not divest a state court of jurisdiction over assets when a receiver was appointed more than four months prior to the bankruptcy filing.
• Gore v. News-Journal Corp.
  146 Fla. 552· Fla.· 1941-04-08 ·cited 12×
  The court reviewed a final judgment for the defendant in a suit for breach of a supersedeas bond, which was posted to stay a peremptory writ of mandamus ordering a corporation to allow a stockholder to examine its books.
• Tonnelier v. Tonnelier
  133 Fla. 691· Fla.· 1938-07-28 ·cited 12×
  This case involves a petition to vacate or modify a supersedeas bond. The appellate court found the lower court's supersedeas bond inadequate to protect the appellees' rights and ordered it modified to a higher amount and with an additional condition for attorney's fees.
• Howell v. Commercial Bank (Ocala Branch) a Corp. Organized & Existing Under the Laws of Fla.
  51 Fla. 460· Fla.· 1906-01-01 ·cited 12×
  Commercial Bank sought to enforce an equitable mortgage and lien on five mules against partnership Howell & Bell and related defendants. The Florida Supreme Court affirmed the trial court's decree for sale of the mules, holding that a parol agreement can create an equitable lien
• Palmer v. Palmer
  41 Fla. 184· Fla.· 1899-01-01 ·cited 12×
  The court granted a motion to vacate a supersedeas bond because it was insufficient to protect the appellee's rights. The judgment included both a monetary award and possession of land, but the bond only covered the monetary aspect.
• United States v. ONE Single Fam. Residence Located AT 6960 Miraflores Ave.
  932 F.2d 1433· 11th Cir.· 1991-06-10 ·cited 11×
  The court held that the transfer of forfeited property proceeds to the U.S. Treasury divested the court of in rem jurisdiction, thus requiring dismissal of the appeal.
• McNICKLE v. Bankers Life & Cas. Co.
  888 F.2d 678· 10th Cir.· 1989-10-30 ·cited 11×
  The court held that the district court abused its discretion by denying a Rule 60(a) motion to correct an omission in its judgment regarding prejudgment interest. The court found that the omission was a clerical error that could be corrected under Rule 60(a).
• Townsend v. Holman Consulting Corp.
  881 F.2d 788· 9th Cir.· 1989-08-07 ·cited 11×
  The court held that the majority opinion misinterprets Rule 11 and prior precedent, leading to an incorrect reversal of sanctions.
• United States v. $2
  825 F.2d 1419· 9th Cir.· 1987-08-27 ·cited 11×
  The court held that it lacked subject matter jurisdiction to hear the appeal because the forfeited currency was no longer within the court's control after the judgment was executed.
• Roudybush v. Zabel
  813 F.2d 173· 8th Cir.· 1987-03-06 ·cited 11×
  Private parties acting unlawfully under a constitutional state statute, even with state official assistance, do not satisfy the 'state policy' component of the 'fair attribution' test for section 1983 'under color of state law' claims.
• Lightfoot v. Walker
  797 F.2d 505· 7th Cir.· 1986-07-31 ·cited 11×
  A district court's decision to require a supersedeas bond pending appeal will not be reversed unless the judge abused their discretion.
• Fid. & Deposit Co. OF Md. v. The Atl. Nat'l Bank OF Jacksonville
  234 So. 2d 736· Fla. 3d DCA· 1970-04-28 ·cited 11×
  Fidelity and Deposit Company appeals a judgment on a supersedeas bond posted in a mortgage foreclosure case. The court affirmed the judgment, holding that a supersedeas bond in a foreclosure action is conditioned only on payment of interest, costs, and damages for delay—not the u
• Jenkins Trucking, Inc. v. Emmons
  207 So. 2d 280· Fla. 3d DCA· 1968-02-13 ·cited 11×
  Jenkins Trucking appealed a $45,880.73 judgment and sought a supersedeas bond, which the trial court granted with 110 days to post the bond. The appellate court held this was error because it granted supersedeas benefits without bond for over three months absent good cause, viola
• United States v. Tex. Mexican Ry. Co.
  263 F.2d 31· 5th Cir.· 1959-01-30 ·cited 11×
  A taxpayer on an accrual basis may not deduct a contested liability in the year funds are deposited in escrow as security for a supersedeas bond; the deduction may only be accrued in the year the liability becomes fixed and certain.
• ST. Mary's Hosp., Inc. v. Phillipe
  699 So. 2d 1017· Fla. 4th DCA· 1997-07-30 ·cited 10×
  St. Mary's Hospital appealed a medical malpractice arbitration award, challenging the statutory limits on non-economic damages and seeking a stay pending review. The Fourth District Court of Appeal held that the $250,000 non-economic damage cap applies per incident of malpractice
• Fla. Power & Light Co. v. Polackwich
  705 So. 2d 23· Fla. 2d DCA· 1997-03-05 ·cited 10×
  Florida Power & Light Company appeals a trial court's denial of its motion to tax appellate costs after both FP&L and the estates appealed a judgment, with each party prevailing on significant issues. The appellate court holds that the trial court abused its discretion by finding
• Ferris Waller v. DSA Grp., Inc.
  606 So. 2d 1234· Fla. 2d DCA· 1992-10-14 ·cited 10×
  A cash deposit in the registry of the court does not automatically create a stay pending appellate review under Fla. R.App.P. 9.310(b)(1), and a purported supersedeas bond lacking proper sureties is invalid.
• Borman v. Raymark Indus., Inc.
  946 F.2d 1031· 3d Cir.· 1991-10-21 ·cited 10×
  The court held that the automatic stay under 11 U.S.C. § 362(a)(1) applies to appeals against a debtor, even if a supersedeas bond was posted before bankruptcy, and that the prior ruling in Mid-Jersey is no longer applicable under the current Bankruptcy Code.
• Trustees OF THE Chicago Truck Drivers v. Cent. Transp., Inc.
  935 F.2d 114· 7th Cir.· 1991-06-11 ·cited 10×
  Orders to make interim withdrawal liability payments under MPPAA are final decisions appealable under 28 U.S.C. § 1291, and district courts retain jurisdiction to register judgments during an appeal.
• Mendora Bilden v. United Equitable Ins. Co.
  921 F.2d 822· 8th Cir.· 1990-12-26 ·cited 10×
  The court held that the insurer's appeal should not be stayed due to state rehabilitation proceedings, and that sufficient evidence supported the jury's findings of bad faith and entitlement to damages.
• Central States v. Cent. Transp., Inc.
  841 F.2d 92· 4th Cir.· 1988-03-08 ·cited 10×
  The appeal from the bankruptcy court's confirmation of a reorganization plan is moot because the plan has been substantially implemented, making effective relief impossible.
• City OF Coral Gables v. Geary
  398 So. 2d 479· Fla. 3d DCA· 1981-05-12 ·cited 10×
  The court held that damages for delay are recoverable when a supersedeas bond is posted and the appeal is unsuccessful, but attorney's fees are not recoverable unless explicitly included in the bond or otherwise legally provided for.
• Lonergan v. Lippman
  406 So. 2d 1124· Fla. 1st DCA· 1981-03-27 ·cited 10×
  Upon reversal of a judgment on appeal, the property at issue is restored to its former status, and a party who destroys the property after obtaining judgment but before that judgment is reversed remains liable for damages to the other party's property interest, even if the destru
• City OF Lauderdale Lakes v. Corn
  371 So. 2d 1111· Fla. 4th DCA· 1979-06-20 ·cited 10×
  A city can be required to post a supersedeas bond for damages for delay as a condition for a stay of a final judgment pending appeal.
• United States v. Lowell
  557 F.2d 70· 6th Cir.· 1977-06-07 ·cited 10×
  The court held that Michigan's law of coverture does not apply to a loan made by the SBA, and therefore, the United States can execute on the separate property of Mrs. Lowell. The court also held that a guaranty signed after the principal contract is valid without new considerati
• Chapman v. Rose
  295 So. 2d 667· Fla. 2d DCA· 1974-06-12 ·cited 10×
  The court held that even after money was collected by the sheriff, the trial court retained jurisdiction to enter orders staying execution and preventing fund distribution, especially given the announced intent to appeal.
• Hedden v. State
  275 So. 2d 52· Fla. 2d DCA· 1973-03-14 ·cited 10×
  The trial court erred in denying bail solely on the basis that the defendant received a mandatory life sentence, as the court retains discretion to grant bail pending appeal in such cases.
• Int'l Longshoremen's Ass'n, Local 1416, AFL-CIO v. E. S.S. Lines, Inc.
  206 So. 2d 473· Fla. 3d DCA· 1968-01-30 ·cited 10×
  The court held that it was error to cancel an injunction bond and release the surety while a separate appeal from the final decree making the injunction permanent was still pending.
• Sirloin Room, Inc. v. Am. Emp'rs Ins. Co.
  360 F.2d 160· 5th Cir.· 1966-04-19 ·cited 10×
  The court held that the district court had the authority to render judgments against garnishees even after a notice of appeal was filed, and that the judgments were supported by evidence.
• Edwards v. Habib
  366 F.2d 628· D.C. Cir.· 1965-12-03 ·cited 10×
• Claus v. Claus
  163 So. 2d 26· Fla. 1st DCA· 1964-04-14 ·cited 10×
  A wife appealed a divorce decree but accepted alimony payments for several months after the decree was entered. The court dismissed the appeal, holding that voluntary acceptance of benefits under a divorce decree estops a party from appealing to challenge the decree's provisions,
• Atl. Seaboard Corp. v. Madeleine Kneppelhout van Sterkenburg and Cornelis Kneppelhout Van Sterkenburg
  318 F.2d 455· 4th Cir.· 1963-06-03 ·cited 10×
  The court held that the condemnees' preliminary motions were unallowable under Rule 71A, their jury demand was untimely, and the post-judgment order allowing immediate possession was within the court's authority.
• LA Salle Nat'l Bank v. 222 E. Chestnut St. Corp.
  267 F.2d 247· 7th Cir.· 1959-05-01 ·cited 10×
  The court held that the dismissal of a prior malicious prosecution complaint for failure to allege special interference was not a determination on the merits, thus not barring the current suit by res judicata. However, the claim based on the Federal Court Injunction Suit was corr
• Burton S. Knapp v. Kinsey
  235 F.2d 129· 6th Cir.· 1956-07-19 ·cited 10×
  Costs are allowed to the appellant in full following a reversal, absent specific grounds for disallowance.
• In re Magnus Harmonica Corp.
  233 F.2d 803· 3d Cir.· 1956-05-31 ·cited 10×
  The court held that the federal district court improperly granted an injunction to stay proceedings in a state court, as it was not authorized by statute or necessary to aid federal jurisdiction.
• Rector v. Mass. Bonding & Ins. Co.
  191 F.2d 329· D.C. Cir.· 1951-05-24 ·cited 10×
  A partial reversal of a judgment on appeal does not necessarily discharge the liability of a principal and surety on a supersedeas bond, particularly when the reversal is limited to determining the amount of damages to be set off.
• Sabin v. Home Owners' Loan Corp.
  147 F.2d 653· 10th Cir.· 1945-02-21 ·cited 10×
  The court held that the denial of the motion to remand was proper, the foreclosure sale and sheriff's deed were valid, and the exclusion of evidence was not prejudicial.
• Henry v. Bate and Wife
  89 Fla. 40· Fla.· 1925-01-31 ·cited 10×
  This case involves a mortgage foreclosure action where the appellate court dismissed the appeal. The dismissal was based on the failure to include the original mortgagors (the O'Connors) as parties to the appeal, who were deemed necessary because a deficiency decree could potenti
• Teyseer Cement Co. v. Halla Mar. Corp.
  794 F.2d 472· 9th Cir.· 1986-07-14 ·cited 9×
  The appeal is dismissed as moot because the release of the security, without a stay or supersedeas bond, rendered the district court powerless to grant effective relief upon remand.
• Verone Marin Fehlhaber v. Fehlhaber
  664 F.2d 260· 11th Cir.· 1981-12-18 ·cited 9×
  The court held that a district court order denying discovery in aid of execution is an appealable final order and that the denial of discovery in this case was not an abuse of discretion.
• Seigel v. Isidore Solomon
  201 So. 2d 501· Fla. 3d DCA· 1967-07-25 ·cited 9×
  The Florida District Court of Appeal held that a supersedeas bond was improperly required when an appeal was taken from an order granting a new trial after a final judgment had been vacated. The court reasoned that once an appeal is filed, the trial court loses jurisdiction over
• Travelers Ins. Co. v. Pinkerton-Hays Lumber Co., Inc.
  120 So. 2d 448· Fla. 1st DCA· 1960-05-03 ·cited 9×
  The Supreme Court granted certiorari to review a District Court of Appeal decision that reversed a lower court's judgment for fire damage. The Supreme Court found the District Court of Appeal erred in its application of foreseeability principles and reversed its decision.
• Crockett v. The Volunteer State Life Ins. Co.
  142 Fla. 750· Fla.· 1940-05-17 ·cited 9×
  The Florida Supreme Court affirmed an interpleader decree requiring multiple claimants to settle their conflicting rights to insurance proceeds from a policy where the insured was killed by his widow. The court also upheld the trial court's issuance of a temporary injunction halt
• State v. Mayo
  128 Fla. 843· Fla.· 1937-07-29 ·cited 9×
  Petitioner Stoutamire challenged his illegal detention following conviction for grand larceny. The trial court imposed an additional five-year sentence based on two prior petit larceny convictions, characterizing him as a common and notorious thief. The Florida Supreme Court held
• Foster v. Thornton
  125 Fla. 829· Fla.· 1936-10-22 ·cited 9×
  Foster obtained a tort judgment against C.E. Thornton after an injury claim, and Thornton subsequently appealed. On interlocutory review, the Florida Supreme Court affirmed the lower court's denial of Thornton's motion to dismiss a bill of complaint seeking to invalidate alleged
• Treat v. State ex rel. Ralph Winters
  114 Fla. 195· Fla.· 1934-03-06 ·cited 9×
  This case addresses whether a municipal corporation can be exempt from providing a surety bond on appeal, as provided by a 1933 Florida statute. The court held that the statute applies even when municipal officers are the named parties, as the municipality is the real party in in
• State v. Chillingworth
  103 Fla. 898· Fla.· 1931-12-16 ·cited 9×
  Frank Duff Frazier sought mandamus to compel a circuit judge to fix the amount and conditions of a supersedeas bond in an appeal from a child custody order. The Florida Supreme Court denied the petition, holding that because the order was interlocutory (not final) and the court r
• Team Richco, LLC v. Rapid Sec. Solutions, LLC
  290 So. 3d 629· Fla. 2d DCA· 2020-02-07 ·cited 8×
  The appellate court treated an appeal of a partial summary judgment as a petition for a writ of certiorari. The court granted the petition, quashing the partial summary judgment because it was not a final order and allowed for execution while other counts remained pending, causin
• 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.
• Am. Emp'rs Ins. Co. v. S. Seeding Servs., Inc.
  931 F.2d 1453· 11th Cir.· 1991-05-22 ·cited 8×
  The court affirmed the compensatory damages award but remanded the punitive damages award for further review by the district court.