Supersedeas Bond

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

• Osio v. Maduro Moros
  S.D. Fla.· 2025-01-07
  This case involves a motion by PDVSA, a Venezuelan state agency, to stay a U.S. Marshals' auction of a 2011 Learjet scheduled for January 16, 2025, to satisfy a $217 million default judgment obtained by plaintiffs in a terrorism case arising from the kidnapping, torture, and murd
• Naval Logistic, Inc. v. M/V Family Time
  S.D. Fla.· 2024-12-17
  The Court denied the Plaintiff's motion for reconsideration of the supersedeas bond amount, finding no basis for reconsideration.
• Naval Logistic, Inc. v. M/V Family Time
  S.D. Fla.· 2024-12-02
  Naval Logistics sought to enforce a maritime lien against the M/V Family Time and obtained a $40,437.30 judgment after purchasing the vessel at auction for $100. The defendants appealed and moved for a stay of execution without posting a bond, which the court denied, requiring in
• Thompson v. Regions Sec. Servs., Inc.
  S.D. Fla.· 2024-10-11
  A plaintiff who accepts an offer of judgment under Rule 68, which is then approved by the court as fair and reasonable, is considered a prevailing party entitled to attorney's fees and costs under the FLSA.
• SafePoint Ins. Co. v. Riley Ellison, Jr.
  Fla. 3d DCA· 2024-09-18
  SafePoint Insurance Company appealed the denial of its motion for directed verdict and motion for new trial following a jury verdict in favor of the insured, Riley Ellison, Jr., in a water damage and mold exclusion case. The court affirmed, holding that because evidence on causat
• Synchrony Bank v. Cabinets To Go, LLC
  S.D. Fla.· 2024-08-21
  The court adopted the magistrate judge's recommendations, approving the defendant's supersedeas bond and granting the plaintiff's motion for bill of costs in part.
• Mont Claire at Pelican Marsh Condo. Ass'n, Inc. v. Empire Indem. Ins. Co.
  M.D. Fla.· 2024-03-08
  The court held that a supersedeas bond must adequately secure the prevailing party against all potential outcomes of an appeal, not just affirmation of the judgment, and must not contain reservation of rights language that clouds the surety's obligation.
• Deltona Transformer Corp. v. The Noco Co.
  M.D. Fla.· 2023-11-15
  The court granted in part and denied in part the motion for approval of a supersedeas bond and stay, setting the bond amount at 125% of the unexecuted judgment to account for potential fees, costs, and interest.
• Drummond v. Alsaloussi
  S.D. Fla.· 2023-07-14
  The court held that while the plaintiff is not required to immediately remove the lis pendens pending appeal, he must post a supersedeas bond to safeguard the defendants' rights to potential sale proceeds.
• United States v. Schwarzbaum
  S.D. Fla.· 2023-06-08
  The court held that the defendant failed to demonstrate any of the four factors necessary for a stay pending appeal, and therefore denied the motion.
• Zonja v. Blake
  M.D. Fla.· 2023-04-28
  The court held that while the bill of costs would be stayed pending appeal, the plaintiff's request to waive the supersedeas bond requirement was denied due to insufficient demonstration of financial solvency.
• Havana Docks Corp. v. Norwegian Cruise Line Holdings, Ltd.
  S.D. Fla.· 2023-03-13
  The court denied the defendants' motion for a stay of execution of final judgments without bond or with a reduced bond pending appeal.
• PB Legacy, Inc. v. Am. Mariculture, Inc.
  M.D. Fla.· 2023-02-15
  A party's appeal does not automatically stay enforcement of a judgment, and the acceptance of benefits doctrine does not apply when the appealing party seeks to enforce a judgment while also appealing issues on which they did not prevail.
• Sec. & Exch. Comm'n v. Complete Bus. Solutions Grp., Inc.
  S.D. Fla.· 2023-01-27
  The court denied the defendant's motion to stay execution of judgment pending appeal because the motion was based on a mischaracterization of the defendant's consent to the judgment.
• Balboa Cap. Corp. v. Vital Pharms., Inc.
  S.D. Fla.· 2022-11-09
  The court held that a defendant seeking a stay pending appeal must satisfy a four-part test, and absent specific circumstances, posting a bond is required.
• Lawrence v. Marina Tower of Turnberry Isle Condo. Ass'n, Inc.
  Fla. 3d DCA· 2022-07-13
  A third-party purchaser at a foreclosure sale, though not a named party to the original proceeding, has standing as a quasi-party and may recover attorney's fees under section 57.105 for frivolous claims.
• The Hurry Fam. Revocable Tr. v. Frankel
  M.D. Fla.· 2021-12-17
  The court denied the defendant's motion to stay execution and discovery because he failed to meet his burden of demonstrating that a reduced security amount would sufficiently protect the plaintiffs' interests.
• United States v. Schwarzbaum
  S.D. Fla.· 2021-10-25
  The court held that it has the authority under the Federal Debt Collection Procedures Act (FDCPA), incorporating the All Writs Act, to order a judgment debtor to repatriate foreign assets to satisfy a judgment, based on personal jurisdiction over the debtor.
• Marjam Supply Co. of Fla., LLC v. Pliteq, Inc.
  S.D. Fla.· 2021-05-03
  The court recommended granting Marjam's motion to approve its supersedeas bond and stay execution of the final judgment pending appeal.
• Collar v. Abalux, Inc
  S.D. Fla.· 2020-11-25
  The court adopted the magistrate judge's report and recommendations, awarding defendants attorneys' fees and costs for defending a frivolous appeal and ordering the release of funds from a supersedeas bond to satisfy the sanctions award.
• Cap. Dev. Grp., LLC v. Buena Vista Terminal, LLC
  Fla. 3d DCA· 2020-07-01
  The appellate court reviewed a trial court's order setting a supersedeas bond for a buyer appealing a final judgment in a real estate contract dispute. The court found the trial court abused its discretion by not explaining how it calculated the bond amount, making the order unre
• The Waves of Hialeah, Inc. v. MacHado
  Fla. 3d DCA· 2020-02-19
  A trial court may not reduce a supersedeas bond under Florida Statute § 45.045(2) when the appellant has an insurance or indemnification policy applicable to the case. The Waves' $1 million insurance policy therefore precluded reduction of the bond required for a stay pending app
• Winter Green at Winter Park Homeowners Ass'n, Inc. v. Ware
  264 So. 3d 1143· Fla. 5th DCA· 2019-02-22
  The appellate court affirmed the dissolution of a temporary injunction against a homeowners association but reversed the order compelling binding arbitration. The court found the injunction dissolution was proper due to suspicious notice irregularities, but the arbitration order
• Futernick v. Trushina
  207 So. 3d 329· Fla. 3d DCA· 2016-11-23
  The court held that the trial court did not err in awarding delay of performance damages based on increased fair market rental value and in awarding post-judgment interest at a rate lower than the statutory rate.
• Kraft v. State
  156 So. 3d 1116· Fla. 4th DCA· 2015-02-11
  A trial court has discretion to consider releasing a defendant on bail following conviction and pending sentencing, and mandamus may issue to compel the exercise of that discretion.
• S. Beach Mortg. & Inv. Corp. v. Levine
  109 So. 3d 879· Fla. 3d DCA· 2013-03-20
  The court held that South Beach Mortgage is entitled to interest from the deposited funds for the delay occasioned by ANV Investment's motion to vacate the judgment, but not for the delay caused by objections to the sale.
• Wells v. Circle Redmont, Inc.
  88 So. 3d 433· Fla. 5th DCA· 2012-05-18
  Wells appeals from a final judgment in a breach of contract action and the trial court's denial of his motion to release a skylight held by Redmont. The Fifth DCA affirmed the breach of contract judgment and attorney's fees award, but reversed the trial court's denial of the skyl
• Travelers Cas. & Sur. Co. of Am. v. First Sealord Sur., Inc.
  86 So. 3d 1159· Fla. 4th DCA· 2012-04-25
• Mansuri-Mason v. State
  98 So. 3d 68· Fla. 2d DCA· 2010-04-30
  Andrew Mansuri-Mason appealed a trial court order dismissing his motion for a supersedeas bond, arguing the trial court retained jurisdiction to rule on post-trial release motions even after the record was transmitted to the appellate court. The court reversed and remanded, holdi
• BDO Seidman, LLP v. Banco Espirito Santo Int'l, Ltd.
  26 So. 3d 1· Fla. 3d DCA· 2009-08-12
  The court held that the trial court erred in issuing a blanket denial of post-judgment discovery under section 45.045(3) of the Florida Statutes, as the statute permits limited discovery to determine asset dissipation.
• Island Silver & Spice, Inc. v. Islamorada
  486 F. Supp. 2d 1347· S.D. Fla.· 2007-04-30
  The court denied the motion for a stay pending appeal because the defendant failed to meet the required legal criteria, particularly the likelihood of success on the merits and the risk of irreparable harm.
• Cohen v. World Omni Fin. Corp
  15th Cir. Ct. App. Div.· 2005-04-12
  Cohen appeals orders awarding World Omni additional attorney's fees and costs incurred more than 30 days after final judgment, and awarding interest on supersedeas bonds beyond the mandate date. The court reverses, holding that Florida's offer of judgment statute does not permit
• Kwiecinski v. Renke
  916 So. 2d 1· Fla. 2d DCA· 2004-11-17
  Joyce Kwiecinski appeals a civil contempt order and jail commitment for failing to comply with discovery requests in aid of execution of a judgment owed to her former attorney. The court affirms the contempt order but clarifies that the supersedeas bond provision is now moot, lea
• Governor John Ellis "Jeb" Bush v. Holmes
  867 So. 2d 1270· Fla. 1st DCA· 2004-03-23
  The Florida appellate court held that the state, as a governmental entity appealing a trial court's declaration that the Opportunity Scholarship Program is unconstitutional, is not required to post a bond as a condition of the automatic stay pending appeal. The court distinguishe
• Alejandre v. Republic of Cuba
  64 F. Supp. 2d 1245· S.D. Fla.· 1999-06-16
  The court held that service of second writs of garnishment must be quashed because they were improperly issued by the Clerk without prior court authorization, but granted plaintiffs leave to seek new writs. The court also denied motions for protective orders, allowing discovery i
• Epic Metals Corp. v. Condec, Inc.
  232 B.R. 806· M.D. Fla.· 1999-04-19
  The court held that a reorganization plan cannot be confirmed if the debtor's initial bankruptcy petition was filed in bad faith, and that artificially impairing classes of creditors to secure confirmation votes violates the Bankruptcy Code.
• Nazih Khazaal v. Browning
  707 So. 2d 399· Fla. 5th DCA· 1998-03-06
  Appellant Khazaal appealed a default foreclosure judgment on a liquor license. The appellees moved to dismiss arguing lack of standing and mootness due to redemption. The court held that Khazaal had standing as the grantor of the security interest and that redemption was involunt
• Cap. Bank v. MVB, Inc.
  683 So. 2d 1175· Fla. 3d DCA· 1996-12-18
  Capital Bank's civil supersedeas bond could not be discharged before finalization of the reserved attorney's fee award, as the bond expressly conditioned discharge on payment of all fees and costs.
• Consortion Trading Int'l, Ltd. v. Lowrance
  682 So. 2d 221· Fla. 3d DCA· 1996-11-06
  The Third District Court of Appeal reversed a summary judgment of foreclosure, holding that the defendants properly pleaded affirmative defenses (waiver, estoppel, and bad faith) that raised genuine issues of material fact. The court also rejected the plaintiff's mootness argumen
• Wintter & Cummings v. Len-Hal Realty, Inc.
  679 So. 2d 1224· Fla. 4th DCA· 1996-08-28
  The court held that a trial court retains jurisdiction to transfer a charging lien to a bond even after a notice of appeal has been filed.
• Falls v. N.E.P. Int'l, Inc.
  678 So. 2d 867· Fla. 4th DCA· 1996-08-14
  Falls obtained a judgment against his tenant N.E.P. International for breach of lease and executed on the tenant's property. After a reversal on appeal limited to damages recalculation, the trial court issued a post-judgment temporary injunction preventing Falls from using the pr
• Moses v. K-Mart Corp.
  922 F. Supp. 600· S.D. Fla.· 1996-04-02
  The court held that the approval of a supersedeas bond and the granting of a stay pending appeal do not vitiate executions of judgment taken prior to the bond's approval.
• The Cmty. Builders, Inc. v. Indian Motorcycle Assocs., Inc.
  658 So. 2d 146· Fla. 3d DCA· 1995-07-12
  The court held that Florida should not grant greater execution rights on a recorded foreign judgment than are available in the rendering state, consistent with the Full Faith and Credit Clause.
• Pappalardo Constr. Co. v. Buck
  630 So. 2d 682· Fla. 4th DCA· 1994-01-26
  A surety's liability on a lien-transfer bond is limited to the face amount of the bond, and a supersedeas bond does not create an independent obligation to pay amounts exceeding that limit, especially when the underlying judgment is reversed in part.
• Bunol v. George Engine Co.
  996 F.2d 67· 5th Cir.· 1993-07-07
  The court held that LIGA's due process rights were not violated by administrative delays and that the compensation order was final despite a clerical error.
• Nelson Holding, Inc. v. The Dinsmore Co.
  596 So. 2d 1235· Fla. 1st DCA· 1992-04-13
  In a mortgage foreclosure action, the court affirmed the summary judgment for foreclosure but reversed the attorney fees award because the trial court failed to comply with the procedural requirements for awarding attorney fees set forth in Florida Patient's Compensation Fund v.
• Richmark Corp. v. Timber Falling Consultants
  959 F.2d 1468· 9th Cir.· 1992-03-30
  PRC secrecy laws do not excuse a foreign corporation subject to U.S. jurisdiction from complying with U.S. discovery orders, especially when the corporation could avoid hardship by posting a supersedeas bond or paying the judgment.
• Ligurotis v. Whyte
  951 F.2d 818· 7th Cir.· 1992-01-08
  The court held that a letter of credit approved as a supersedeas bond grants the district court continuing jurisdiction to enforce its judgment and ensure proper disbursement of funds.
• Chicago Downs Ass'n, Inc. v. Chase
  944 F.2d 366· 7th Cir.· 1991-09-26
  The court held that the defendant waived his arguments for relief from judgment by failing to file a Rule 60(b) motion in the district court and that the district court did not abuse its discretion in allowing the registration of the judgment in other districts.
• Stevedoring Servs. OF Am. v. Ancora Transp., N.V.
  941 F.2d 1378· 9th Cir.· 1991-08-13
  When a plaintiff asserts quasi in rem jurisdiction via Rule B attachment and fails to obtain a stay of execution (with a supersedeas bond), the court loses jurisdiction once the district court properly releases the security.