Supersedeas Bond

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

• State v. Durrance
  276 So. 2d 112· Fla. 2d DCA· 1973-03-28 ·cited 6×
  Unigard Insurance Company, a defendant in a wrongful death action, sought a writ of prohibition to prevent the trial court from proceeding with post-trial motions regarding excess coverage claims after Unigard had filed a notice of appeal and posted a supersedeas bond. The appell
• THE Florida BAR v. Heller
  248 So. 2d 644· Fla.· 1971-05-19 ·cited 6×
  The Florida Bar sought disbarment of attorney George M. Heller for his conversion of settlement proceeds from an appeal he prosecuted as receiver's counsel. The Florida Supreme Court, finding that Heller originally acted in good faith in asserting a retaining lien but ultimately
• Ortiz v. Ortiz
  208 So. 2d 857· Fla. 3d DCA· 1967-11-28 ·cited 6×
  This case addresses whether attorney's fees awarded to a defendant-wife in a divorce action constitute "costs" that must be paid or superseded on appeal under Florida Appellate Rule 3.2(f). The court held that while attorney's fees may be awarded in divorce proceedings under stat
• Jerry G. Speight and wife Brenda Speight v. The City OF Fort Walton Beach
  180 So. 2d 385· Fla. 1st DCA· 1965-11-23 ·cited 6×
  Plaintiffs sued the City of Fort Walton Beach and a private motorist for negligence following a traffic collision at an intersection where the traffic light was malfunctioning but a police officer was directing traffic. The court affirmed summary judgment for defendants on the ne
• W. Lighting Corp. v. Smoot-Holman Co.
  352 F.2d 1019· 9th Cir.· 1965-11-10 ·cited 6×
  The court held that the appellant violated a prior injunction by shipping infringing goods after the injunction's stay had expired, and affirmed the contempt adjudication and fine.
• Seven-Up Bottling Co. OF Miami, Inc. v. George Constr. Corp.
  156 So. 2d 167· Fla. 3d DCA· 1963-07-23 ·cited 6×
  The trial court correctly determined that the general contractor's compensation was 10% of total construction costs, but erred by including the cost of bottling equipment, equipment rental fees, and attorney's fees in that calculation.
• Edelblut Constr. Co., Inc. v. Gilman C. Free and Jack W. Free
  149 So. 2d 360· Fla. 2d DCA· 1963-01-11 ·cited 6×
  A Florida appellate court reversed a judgment in a construction contract dispute involving a chain of prime and subcontracts for sewer system improvements. The court held that the three-foot width limitation for payment in the prime contract was incorporated into the subcontracts
• Aaron B. Weiner: LaSalle Nat'l Bank v. 222 E. Chestnut St. Corp.
  303 F.2d 630· 7th Cir.· 1962-05-29 ·cited 6×
  The court held that increased financing costs and construction costs due to a supersedeas delay are recoverable damages under the bond, but pre-judgment interest and attorneys' fees were improperly awarded.
• Pac. Cage & Screen Co. v. Cont'l Cage Corp.
  259 F.2d 87· 9th Cir.· 1958-02-28 ·cited 6×
  The appeal is dismissed because the record is insufficient to determine the order being appealed and the required bond was not shown to be posted.
• Matanuska Valley Lines, Inc. v. Neal
  255 F.2d 632· 9th Cir.· 1957-12-28 ·cited 6×
  The court held that the trial court did not err in denying motions to discharge supersedeas bonds and exonerate sureties, as the appeals had been dismissed and the bond conditions were met. The court also affirmed the judgment, subject to a potential remittitur for one plaintiff'
• Guerin v. Guerin
  239 F.2d 909· 9th Cir.· 1956-03-28 ·cited 6×
  The court held that the orders allowing disbursement of interpleaded funds and denying rescission were interlocutory and not appealable under 28 U.S.C.A. § 1292, and thus dismissed the appeals.
• Gordon v. Woods
  202 F.2d 476· 1st Cir.· 1953-03-11 ·cited 6×
  The court held that attorney's fees and litigation expenses incurred by the trustee in enforcing the contract are not recoverable as damages under the purchase agreement or the supersedeas bond, but net operating losses were proper damages.
• John Hancock Mut. Life Ins. Co. v. Hurley
  151 F.2d 751· 1st Cir.· 1945-11-07 ·cited 6×
  A supersedeas bond conditioned to answer all damages and costs if an appeal fails makes the principal and surety liable for damages resulting from delay, irrespective of whether the appellate court awards such damages.
• Spruks v. United States Fid. & Guar. Co.
  138 F.2d 812· 3d Cir.· 1943-11-17 ·cited 6×
  A surety on a supersedeas bond is not liable for interest on a fund that remained in the court registry during an appeal, where the original decree did not award interest and the appellate court affirmed without awarding interest.
• Fid. & Deposit Co. of Md. v. Davis
  127 F.2d 780· 4th Cir.· 1942-05-01 ·cited 6×
  A bond posted to stay execution of a money judgment pending application for certiorari, when the judgment is otherwise unsecured, must cover the full amount of the judgment, interest, and costs, not just damages from the delay.
• State v. Mayo
  137 Fla. 781· Fla.· 1939-05-19 ·cited 6×
  Pearl Seay challenges his imprisonment after being convicted of larceny and sentenced to two years hard labor. The Florida Supreme Court holds that his commitment to prison was void because it was issued while his conviction judgment was lawfully superseded by a supersedeas bond,
• BDO Seidman, LLP v. Banco Espirito Santo Int'l, Ltd.
  998 So. 2d 1· Fla. 3d DCA· 2008-04-16 ·cited 5×
  BDO Seidman appealed the trial court's denial of its motion to quash a discovery subpoena in aid of execution, arguing that posting a $50 million supersedeas bond under Florida Statute § 45.045 should have stayed all post-judgment proceedings, including discovery. The Third Distr
• FU Sheng Indus. Co., Ltd. v. T/F Sys., Inc.
  690 So. 2d 617· Fla. 4th DCA· 1997-02-26 ·cited 5×
  On appeal, the court reversed and remanded a trial court judgment awarding substantial delay damages ($12.5 million to T/F Systems and $419,000 to Malt) against appellants Fu Sheng, Southeast Capital, and PDC for violating an injunction during a pending appeal. The court found th
• Cohn v. Bennett A. Reiss and Stewart J. Leonard
  615 So. 2d 173· Fla. 4th DCA· 1993-02-03 ·cited 5×
• Pac. Reinsurance Mgmt. Corp. v. Ohio Reinsurance Corp.
  935 F.2d 1019· 9th Cir.· 1991-06-05 ·cited 5×
  The denial of a partial stay of arbitration is not appealable, temporary equitable orders in arbitration are confirmable, and the supersedeas bond order was not improper. However, the arbitration panel lacked jurisdiction over one party, CTR.
• Jack S.D. Abraham and Simon S. Abraham v. S.N.W. Corp.
  549 So. 2d 776· Fla. 4th DCA· 1989-10-04 ·cited 5×
• Bonizo Props. N.V. v. Schroeder
  528 So. 2d 1304· Fla. 4th DCA· 1988-08-03 ·cited 5×
  In this appeal from post-judgment orders, foreign corporations challenged the trial court's denial of their motion to vacate a final judgment and refusal to reject an order compelling turnover of assets held outside the United States. The appellate court affirmed both orders and
• Planes v. Marianthi Planes
  468 So. 2d 366· Fla. 3d DCA· 1985-04-16 ·cited 5×
  The court held that the contempt order was moot, but modified the payment amount due to credited payments made by check.
• Curtiss-Wright Corp. v. Gen. Elec. Co.
  599 F.2d 1259· 3d Cir.· 1979-06-04 ·cited 5×
  The Third Circuit Court of Appeals, sitting en banc, should rehear the case to clarify the application of Federal Rule of Civil Procedure 54(b) regarding the certification of judgments for immediate appeal when a counterclaim is pending. The panel majority's creation of a presump
• Moore v. Townsend
  577 F.2d 424· 7th Cir.· 1978-06-06 ·cited 5×
  The court held that the supersedeas bond covered damages for increased mortgage interest and capital gains tax liability resulting from the delay caused by the stay pending appeal.
• Yarborough v. Raymond L. Kilbee under the Last Will and Testament of E. H. Kilbee
  307 So. 2d 223· Fla. 4th DCA· 1975-01-17 ·cited 5×
  This case involves three consolidated appeals concerning the dissolution of a family cattle partnership between E. H. Kilbee and his son W. G. Kilbee, and disputes over ownership and division of partnership assets. The appellate court reversed the trial court's finding that each
• Fla. E. Coast Ry. Co. v. Atl. Coast Line R.R. Co.
  178 So. 2d 215· Fla. 1st DCA· 1965-08-19 ·cited 5×
  A decree that includes a money judgment, even if it also has declaratory relief, is considered a money judgment for supersedeas purposes and requires a bond to satisfy the judgment.
• Abernathy v. Patterson
  295 F.2d 452· 5th Cir.· 1961-10-31 ·cited 5×
  The court held that plaintiffs failed to demonstrate irreparable harm and had an adequate remedy at law through state court appeals, thus injunctive relief was not warranted.
• In re Est. of Daniel A. Cleary v. Cleary
  135 So. 2d 428· Fla. 2d DCA· 1961-10-04 ·cited 5×
  The court held that Appellate Rule 5.9 does not supersede the requirement of Appellate Rule 5.3(b) for a supersedeas bond to cover the full value of the estate when appealing an order removing an executor.
• City OF Miami Beach v. State of Fla. ex rel. Fontainebleau Hotel Corp.
  109 So. 2d 204· Fla. 3d DCA· 1959-03-04 ·cited 5×
  The City of Miami Beach appealed a mandamus judgment requiring it to permit construction of a hotel addition. The Fontainebleau Hotel Corp. moved to vacate the stay of mandate pending the city's potential certiorari petition to the Florida Supreme Court, arguing delay would harm
• Davis v. State
  87 Fla. 505· Fla.· 1924-05-21 ·cited 5×
  Harold Davis was convicted of receiving stolen property (a Ford automobile) knowing it to be stolen. On appeal, Davis challenged the sufficiency of the evidence, and the Florida Supreme Court affirmed the conviction, holding that the evidence was sufficient to support the guilty
• Peacock v. State
  798 So. 2d 909· Fla. 5th DCA· 2001-11-09 ·cited 4×
  Dana Peacock appeals the trial court's revocation of his supersedeas bond after his conviction for sexual offenses involving minors. The appellate court found that Peacock was not intentionally or willfully violating the electronic monitoring condition when he was released from j
• Willis v. The Celotex Corp.
  978 F.2d 146· 4th Cir.· 1992-10-22 ·cited 4×
  The court held that the bankruptcy court properly exercised its authority under 11 U.S.C. § 105(a) to stay execution against a surety on a supersedeas bond, as immediate execution would have detrimentally affected the debtor's reorganization process.
• Pac. Reinsurance Mgmt. Corp. v. Fabe
  929 F.2d 1215· 7th Cir.· 1991-04-12 ·cited 4×
  A federal court judgment, even if interim and on appeal, can be registered and enforced in another district if good cause is shown, and state law governs asset reachability.
• Enserch Corp. & Ebasco Servs., Inc. v. Shand Morahan & Co., Inc.
  918 F.2d 462· 5th Cir.· 1990-11-15 ·cited 4×
  A prevailing party's appeal seeking only an increase in damages does not warrant a stay of execution without a supersedeas bond.
• Bose Corp. v. Consumers Union OF U.S., Inc.
  806 F.2d 304· 1st Cir.· 1986-12-01 ·cited 4×
  The court held that the cost of a letter of credit to secure a supersedeas bond is a taxable cost when reasonable.
• Hyman Taplin v. Placido Salamone
  422 So. 2d 92· Fla. 4th DCA· 1982-11-24 ·cited 4×
• Hilsman v. Hilsman
  421 So. 2d 770· Fla. 4th DCA· 1982-11-10 ·cited 4×
  The trial court has continuing jurisdiction to stay a final judgment of dissolution and to award family support pending appeal, and this order is affirmed as no abuse of discretion was demonstrated.
• Mosar Developers, Inc. v. Creech & Wilson, Inc.
  404 So. 2d 118· Fla. 4th DCA· 1981-01-21 ·cited 4×
  Mosar Developers sought to use funds it had deposited in the court registry as part of a supersedeas bond to stay execution of a $130,000 judgment pending appeal. The circuit court denied this request, but the appellate court reversed, holding that Mosar could use the registry fu
• Laurich v. State
  376 So. 2d 408· Fla. 1st DCA· 1979-10-26 ·cited 4×
  The trial court lacked jurisdiction to revoke supersedeas bonds pending appeal after the record and appellants' brief had been filed with the appellate court.
• Green v. Jack Green (Arthur Kline
  254 So. 2d 802· Fla. 3d DCA· 1971-11-09 ·cited 4×
  A party is not liable in a summary post-judgment proceeding for depreciation in market value of property pending appeal where the stay was conditional but did not include a supersedeas bond or specific protection against market depreciation, and the decline resulted from general
• Murphy v. State
  231 So. 2d 263· Fla. 4th DCA· 1970-02-11 ·cited 4×
  Murphy appeals the trial court's denial of his motions for a stay or supersedeas bond pending appeal from probation orders. The court holds that a defendant appealing from an order of probation must be granted the same consideration for bail or supersedeas relief as one appealing
• Salsbury v. United States
  356 F.2d 822· D.C. Cir.· 1966-01-27 ·cited 4×
  The court held that the district court has inherent authority to condition relief and that the taxpayer should seek a protective order from the district court regarding newly discovered evidence of potential self-incrimination.
• Eden Mem'l Park Ass'n v. United States
  300 F.2d 432· 9th Cir.· 1962-02-15 ·cited 4×
  The court held that the district court erred in enjoining state court proceedings because the state action did not contest federal ownership and its requested relief did not interfere with federal rights in the condemnation proceeding.
• Seaboard Sur. Co. v. Racine Screw Co.
  203 F.2d 532· 7th Cir.· 1953-04-17 ·cited 4×
  A summary judgment is inappropriate for an action seeking specific performance, as such relief is equitable and discretionary, not a matter of right based on undisputed material facts.
• Swanson v. United States
  171 F.2d 718· 8th Cir.· 1949-01-10 ·cited 4×
  The appeal is dismissed as moot because the judgment was paid and restitution is not equitable under the circumstances.
• Woods v. Thompson
  158 Fla. 622· Fla.· 1947-03-11 ·cited 4×
  A Florida appellate court modified a supersedeas bond order by removing provisions requiring the appellant to pay opposing counsel's attorneys' fees, printing costs, and travel expenses related to the appeal. The court reduced the conditions of the supersedeas bond while maintain
• Wagner Sign Serv., Inc. v. Midwest News Reel Theatres, Inc.
  119 F.2d 929· 7th Cir.· 1941-04-18 ·cited 4×
  A patentee who has obtained a decree for an accounting of profits and damages, with a supersedeas bond assuring payment, cannot enjoin a customer who is merely a user of the infringing device, as the bond provides assurance of compensation equivalent to actual payment.
• State of Fla. ex rel. Edward A. Haley v. Taylor
  77 Fla. 607· Fla.· 1919-05-12 ·cited 4×
  The Florida Supreme Court dismissed a mandamus action challenging county commissioners' authority to hold a local option election on intoxicating liquors, finding the case moot because a constitutional amendment establishing statewide prohibition had been adopted after the suit w
• Sutton v. Zewadski
  70 Fla. 379· Fla.· 1915-11-19 ·cited 4×
  In this equity case, the Florida Supreme Court affirmed a decree pro confesso and final judgment against a defendant who failed to respond to an amended bill of complaint after his motion to strike the amended bill was denied. The court held that the defendant's inaction and lack