Supersedeas Bond

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

• Phed Spencer, Jr. v. State
  284 So. 2d 229· Fla. 3d DCA· 1973-10-30 ·cited 2×
  The trial court erred in denying a supersedeas bond application solely based on the potential maximum sentence for the crime, rather than considering the actual sentence and other factors.
• Encore, Inc. v. Olivetti Corp. OF Am.
  277 So. 2d 263· Fla.· 1973-04-18 ·cited 2×
  The court reviews a denial of a motion to stay supplementary proceedings and review the denial of a supersedeas bond, where defendants alleged the plaintiff had already recovered amounts exceeding the judgment through sales of replevied machines.
• Choctawhatchee Elec. Coop., Inc. v. Gulf Power Co.
  265 So. 2d 417· Fla. 1st DCA· 1972-08-15 ·cited 2×
  Gulf Power Company sought to enforce a 1955 permanent injunction against Choctawhatchee Electric Cooperative (Cheleo) preventing it from serving the Baker schoolhouse site in Okaloosa County. The trial court upheld the injunction, rejecting Cheleo's defenses of laches, waiver, an
• Scholz Homes, Inc. v. Lavern E. Larson
  437 F.2d 1060· 7th Cir.· 1971-01-26 ·cited 2×
  A fund deposited as security in lieu of a supersedeas bond remains liable for the modified judgment against one defendant, even if the judgment against another defendant is reversed.
• Schaaf v. S. S. N. Am.
  368 F.2d 925· 3d Cir.· 1966-10-05 ·cited 2×
  The court held that the appeal was moot because the vessel was sold without a stay, and the appellate court could no longer grant effective relief regarding the vessel itself.
• Ga. S. & Fla. Ry. Co. v. Duval Connecting R.R. Co.
  187 So. 2d 405· Fla. 1st DCA· 1966-06-09 ·cited 2×
  A circuit court cannot condition a supersedeas bond in an eminent domain proceeding on the landowner paying the condemnor's attorney's fees if the landowner does not defeat the condemnation claim.
• Gorsuch v. Fireman's Fund Ins. Co.
  360 F.2d 23· 9th Cir.· 1966-03-25 ·cited 2×
  The court held that Albert J. Doig was an indispensable party to the declaratory judgment action concerning the supersedeas bond, and the failure to join him required dismissal of the action due to lack of diversity jurisdiction.
• Evert L. Hagan and W. Graham v. Whitman
  356 F.2d 742· 9th Cir.· 1966-02-21 ·cited 2×
  The court held that an appeal filed by a corporation was untimely, and that the appeals of individual appellants were subject to dismissal due to procedural defaults, but the court exercised its discretion to affirm the underlying judgment rather than dismiss solely on those grou
• Fla. Ins. Exch. v. Adler
  174 So. 2d 75· Fla. 3d DCA· 1965-04-13 ·cited 2×
  Florida Insurance Exchange appeals an order directing the state insurance commissioner to sell its deposited securities to satisfy a judgment on a forthcoming bond issued in an attachment proceeding. The court reversed, holding that the bond was not governed by the attachment sta
• Maxwell v. State OF Cal.
  341 F.2d 235· 9th Cir.· 1965-02-08 ·cited 2×
  A state tax lien can attach to funds held in custodia legis, and California's statutory lien provisions do not violate the Due Process Clause.
• Nordmeyer v. Sanzone
  315 F.2d 780· 6th Cir.· 1963-04-16 ·cited 2×
  The court held that the Federal Rules of Civil Procedure, specifically Rule 73(d), govern the award of damages for delay on appeal, and these procedural rules override conflicting state statutes.
• Anderson v. Ellison
  285 F.2d 484· 10th Cir.· 1960-12-13 ·cited 2×
  The court held that the prior Oklahoma Supreme Court decision settled all issues regarding the plaintiff's rights in the oil and gas unit, and the current action was an impermissible relitigation of those issues.
• Solomon Dehydrating Co. v. Guyton
  283 F.2d 247· 8th Cir.· 1960-10-18 ·cited 2×
  The court held that the trial court did not abuse its discretion in ordering the attachment redelivery bond to remain in effect until final termination of the action, even after a supersedeas bond was posted.
• PAN Am. Sur. Co. v. ST. ANA
  105 So. 2d 500· Fla. 3d DCA· 1958-10-07 ·cited 2×
  The court held that the trial court erred in treating a foreclosure-like decree as a money judgment for the purpose of enforcing a supersedeas bond before the foreclosure process was complete.
• In re Chicago Tunnel Terminal Corp. v. Rutland Transit Co.
  255 F.2d 316· 7th Cir.· 1958-05-15 ·cited 2×
  The court held that the dismissal of the Chapter X reorganization proceeding was a final dismissal that reinstated the effectiveness of the lien, thus extending the period beyond four months prior to bankruptcy.
• Hazelrigg v. Am. Fid. & Cas. Co.
  228 F.2d 953· 10th Cir.· 1955-11-26 ·cited 2×
  The court held that the insurer's good faith in refusing a settlement offer within policy limits, when the judgment exceeded those limits, presented a question of fact that should not have been resolved by summary judgment.
• PAN Am. Room, Inc. v. PAM, Inc.
  78 So. 2d 85· Fla.· 1955-02-16 ·cited 2×
  Pan American Room, Inc. petitioned for certiorari to challenge a denial of its motion to dismiss, and the proceedings were stayed pending the certiorari decision. After the Supreme Court denied the petition, the circuit court awarded the prevailing party $600 in attorney's fees a
• Harris v. Briscoe
  212 F.2d 619· D.C. Cir.· 1954-04-22 ·cited 2×
  An employer is entitled to supersedeas of a judgment entered under § 18 of the Longshoremen's and Harbor Workers' Compensation Act, as in civil suits at common law, unless another provision of the Act expressly forbids it.
• In re Baldridge's Estate
  5 Fla. Supp. 80· Dade Cty. J. Ct.· 1953-10-15 ·cited 2×
  A guardian ad litem challenged the executor's sale of estate property, arguing the sale violated statutory notice requirements, was made at undervalue, and occurred while an appeal was pending with a supersedeas bond. The court upheld the sale, finding the testator's explicit pow
• Peterson v. Baker
  168 F.2d 684· 8th Cir.· 1948-06-09 ·cited 2×
  The court held that the debtors' appeal from the dismissal of their bankruptcy proceedings was untimely and that the prior orders striking the 80-acre tract were not subject to review. The court affirmed the dismissal order.
• West v. Manemann
  144 F.2d 905· 8th Cir.· 1944-10-05 ·cited 2×
  The bankruptcy court correctly struck the real estate from the debtors' schedules because the state court judgment divesting them of title was final and not stayed by their appeal.
• Md. Cas. Co. v. Seidenbach
  133 F.2d 573· 10th Cir.· 1942-10-27 ·cited 2×
  A supersedeas bond conditioned to pay damages suffered by the owner does not obligate the surety to pay interest on funds withdrawn by the owner from a deposit made to discharge a lien, if the owner was not legally entitled to that interest.
• Haigouhe Baylarian v. Tunnicliffe
  102 Fla. 905· Fla.· 1931-09-02 ·cited 2×
  The Florida Supreme Court stayed execution of a mortgage foreclosure decree affecting the separate property of Haigouhe Baylarian pending appeal, reducing the required supersedeas bond from $5,000 to $1,000 to enable her to pursue her appeal.
• Hillsborough Cnty. Bldg. & Loan Ass'n v. Folsom
  100 Fla. 757· Fla.· 1930-09-10 ·cited 2×
  The Florida Supreme Court vacated a supersedeas order because the supersedeas bond was executed before the order fixing its conditions and amount, failing to meet statutory requirements for protecting obligees' rights.
• State v. The Honorable W. J. Barker
  99 Fla. 588· Fla.· 1930-03-18 ·cited 2×
  The Florida Supreme Court quashed an alternative writ of mandamus, holding that a trial judge lacks the inherent authority to determine the sufficiency of a supersedeas bond. The appropriate remedy for an insufficient bond is a motion to vacate the supersedeas in the appellate co
• Sirmans v. Tompkins
  94 Fla. 630· Fla.· 1927-10-12 ·cited 2×
  Appellants in a foreclosure case seek to reduce an excessive supersedeas bond amount set by the circuit judge at $50,000. The Florida Supreme Court holds that while the bond amount appears excessive under the applicable statute governing non-money decrees, it remands the matter f
• Coyle v. S. Bobo Dean Corp.
  94 Fla. 637· Fla.· 1927-10-12 ·cited 2×
  This case addresses the scope and effect of a supersedeas bond granted on appeal from an interlocutory order appointing a receiver in a mortgage foreclosure action. The Florida Supreme Court held that a supersedeas from an order appointing a receiver only suspends the receiver's
• The Bd. of Pub. Instruction for Marion Cnty. v. Godwin
  89 Fla. 379· Fla.· 1925-04-25 ·cited 2×
  The Florida Supreme Court addressed procedural motions in a mandamus case where the Board of Public Instruction sought to reinstate suspended high school students. The court denied motions to dismiss and vacate a supersedeas bond because the relators had abandoned the first writ
• Andre v. F. A. P. Jones Inv. Corp.
  84 Fla. 488· Fla.· 1922-10-24 ·cited 2×
  Paul Andre sought to reinstate a writ of error after the Florida Supreme Court dismissed his appeal from a distress-for-rent judgment, claiming fraud in the use of a stipulation for dismissal. The Court upheld the dismissal, finding both that the case had become moot due to a set
• Webster v. Wailes
  35 Fla. 267· Fla.· 1895-01-01 ·cited 2×
  Webster sued surety Wailes on an appeal bond filed by the railway company in Webster's injury judgment case. The core issue was whether a surety on an appeal bond is bound when the principal (the corporation) failed to execute the bond with its corporate seal, rendering the princ
• Jackson v. Relf
  24 Fla. 198· Fla.· 1888-01-01 ·cited 2×
  The court vacated a supersedeas because the appeal bond was insufficiently specific in identifying the decree and the case. The ruling emphasizes the need for clear identification in appeal bonds to protect sureties.
• Griffin Windows & Doors, LLC v. Pomeroy
  351 So. 3d 1125· Fla. 3d DCA· 2022-10-06 ·cited 1×
  Griffin Windows obtained a final judgment of no liability against Pomeroy and served an offer of judgment under Florida Statute 768.79. The trial court granted Griffin Windows' entitlement to attorney's fees and costs but refused to conduct an evidentiary hearing on the amount un
• R.J. Reynolds Tobacco Co. v. Grossman
  250 So. 3d 91· Fla. 4th DCA· 2018-06-06 ·cited 1×
  A tobacco settlement signatory that posts a sufficient supersedeas bond pursuant to § 569.23(3)(a)1 is entitled to an automatic stay of execution of Engle-related judgments during the pendency of all appeals or discretionary appellate reviews in Florida courts. The trial court er
• R.J. Reynolds Tobacco Co. v. Janice L. Sikes for the Estate of Jimmie Wayne Sikes
  191 So. 3d 491· Fla. 1st DCA· 2016-04-12 ·cited 1×
  R.J. Reynolds Tobacco Company appeals a trial court's denial of an automatic stay of execution of an Engle-related tobacco judgment while it considers whether to petition the United States Supreme Court for review. The court holds that Reynolds, having increased its bond and demo
• Rintin Corp., S.A. v. Domar Ltd.
  403 F. Supp. 2d 1201· S.D. Fla.· 2005-12-01 ·cited 1×
  The court held that the plaintiff was in civil contempt for failing to comply with a prior judgment ordering the dismissal of lawsuits, and issued an arrest warrant for the plaintiff's president for failure to appear.
• PaineWebber Income Props. Three Ltd. P'ship v. Mobil Oil Corp.
  830 F. Supp. 676· M.D. Fla.· 1996-02-21 ·cited 1×
  The court held that Mobil was not entitled to attorneys' fees and costs because it was not a prevailing or substantially prevailing party, and there was no evidence of bad faith by the plaintiff.
• Verone Marin Fehlhaber v. Fehlhaber
  941 F.2d 1484· 11th Cir.· 1991-09-18 ·cited 1×
  Verone Fehlhaber appealed a summary judgment in favor of Sun Bank on her garnishment claim, arguing the bank improperly released trust assets subject to garnishment in a divorce judgment enforcement action. The Eleventh Circuit affirmed, holding that although the bank violated it
• Keeton v. Hustler Magazine, Inc.
  815 F.2d 857· 2d Cir.· 1987-04-02 ·cited 1×
  New York's Article 54, governing enforcement of foreign judgments, applies to federal court judgments, and its application is not preempted by federal law.
• City OF Delray Beach v. Dep't OF Transp. & Palm Beach Cnty.
  444 So. 2d 506· Fla. 1st DCA· 1984-01-18 ·cited 1×
  The City of Delray Beach appealed the Department of Transportation's order requiring it to post a $120,000 bond as a condition of staying an administrative decision that reclassified a street as a collector road and transferred jurisdiction from the County to the City. The court
• Ruby Mountain Constr. & Dev. Corp. v. Raymond
  409 So. 2d 525· Fla. 5th DCA· 1982-02-10 ·cited 1×
  Ruby Mountain Construction and related petitioners sought certiorari review of three post-judgment orders entered while their judgment was on appeal. The Florida Fifth District Court of Appeal affirmed the trial court's orders enforcing the judgment through discovery, costs, and
• Palm Beach Heights Dev. & Sales Corp. v. Decillis
  385 So. 2d 1170· Fla. 3d DCA· 1980-07-16 ·cited 1×
  Palm Beach Heights Development and Sales Corporation appealed a $6,128 money judgment and sought clarification of this court's prior order vacating a trial court's supersedeas bond requirement. The court clarified that while an appellant may appeal without posting a bond, a trial
• Bush v. State
  369 So. 2d 674· Fla. 3d DCA· 1979-04-17 ·cited 1×
  Bush appeals his conviction for sale of heroin and revocation of probation for a prior battery charge. The court affirmed both convictions and sentences, holding that the warrantless arrest was supported by probable cause based on the officer's independent observations of drug tr
• Houston Fire & Cas. Ins. Co. v. Reba Ivens
  323 F.2d 112· 5th Cir.· 1963-09-20 ·cited 1×
  The court ordered the appellant insurance company to post a supersedeas bond to stay proceedings pending appeal, and that the bond should cover potential costs, interest, and damages.
• Int'l Indus., Inc. v. City OF Miami Beach
  154 So. 2d 720· Fla. 3d DCA· 1963-05-21 ·cited 1×
• Linick v. Lamm
  143 So. 2d 63· Fla. 3d DCA· 1962-06-19 ·cited 1×
  A trial court cannot require attorney's fees as a condition of a supersedeas bond for an appeal from a final decree.
• Slaff v. Gertrude Chapman
  104 So. 2d 797· Fla. 1st DCA· 1958-08-11 ·cited 1×
  An appellate court addressed preliminary motions regarding an appeal involving voided real property conveyance and reactivation of a dissolved corporation. The appellant, Annette H. Slaff, was held in contempt for failure to comply with the trial court's final decree, and the app
• Hwy. Cas. Co. v. Miss Myrtle Johnston and H. H. Deane
  104 So. 2d 734· Fla.· 1958-07-16 ·cited 1×
  An insurance policy provision obligating the insurer to pay all interest accruing after entry of judgment until payment, tender, or deposit of the judgment amount up to the policy limit, requires the insurer to pay interest on the entire judgment amount if the insurer fails to pa
• Hardie v. Inter-City Co.
  112 Fla. 842· Fla.· 1933-11-23 ·cited 1×
  The Florida Supreme Court granted a motion to vacate the clerk's approval of a supersedeas bond, finding it ineffectual because it lacked the statutorily required two sureties.
• Drummond v. Alsaloussi
  S.D. Fla.· 2025-09-05
  The Court denied Plaintiff's motion to release a supersedeas bond and for sanctions because it lacked jurisdiction due to pending appeals and the prior remand order.
• Nestor v. VPC3 II, LLP
  M.D. Fla.· 2025-04-23
  The court denied Plaintiff's motions to alter or amend the judgment and denied his motions to stay execution, finding no basis for reconsideration and no grounds to waive the supersedeas bond requirement.