THE STATE OF FLORIDA, APPELLANT,

v.

WILLIAM JAMES MONTFORD, APPELLEE

Citator

Cited By

• QBE Ins. Corp. v. Chalfonte Condo. Apt. Ass'n, Inc., 94 So. 3d 541 (Fla. 2012)
  …purpose of an appellate stay is to maintain the status quo in the lower tribunal while an appeal proceeds. If no bond is posted, the judgment creditor may execute on the judgment during the appeal. Palm Beach Heights Dev. & Sales Corp. v. Decillis, 385 So. 2d 1170, 1171 (Fla. 3d DCA 1980). If the judgment is reversed, then the appellant is entitled to have its property restored by the appellee. Ronette Commc’ns Corp. v. Lopez, 475 So. 2d 1360, 1361 (Fla. 5th DCA 1985). However, an appellant who does not post…
• Mellon United Nat'l Bank v. Cochran, 776 So. 2d 964 (Fla. 3d DCA 2000)
  …dgment pending the appeal, “he may obtain a stay ‘only by the posting of the bond in the amount set forth in Rule 9.310(b).’ ” Campbell v. Jones, 648 So. 2d 208, 209 (Fla. 3d DCA 1994) (quoting from Palm Beach Heights Dev. & Sales Corp. v. Decillis, 385 So. 2d 1170, 1171 (Fla. 3d DCA 1980)), see Finst Dev. Inc. v. Bemaor, 449 So. 2d 290, 291 (Fla. 3d DCA 1983) (appellant entitled to stay of judgment for attorney’s fees and costs only by posting good and sufficient bond as required by rule 9.310(b)(1)), see als…
• Campbell v. Jones, 648 So. 2d 208 (Fla. 3d DCA 1994)
  …for three months. In so doing, the trial court erred. Under Fla.R.App.P. 9.310(b)(1), an appellant is not required to post a supersede-as bond in order to perfect an appeal from a money judgment. Palm Beach Heights Dev. & Sales Corp. v. Decillis, 385 So. 2d 1170, 1171 (Fla. 3d DCA 1980). However, if an appellant seeks to stay execution of judgment pending the appeal, he may obtain a stay “only by the posting of the bond in the amount set forth in Rule 9.310(b).” Id. See also First Dev. Co. v. Bemaor, 449 So…

Authorities Cited

• Weinstein v. Heyman, 379 So. 2d 446 (Fla. 3d DCA 1980)