COUNTY COMMISSIONERS POLK COUNTY, APPELLANTS,
v.
C. E. JOHNSON & CO., APPELLEES
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The Florida Supreme Court denied a motion for a rule to attach appellees for violating a supersedeas, because the action the supersedeas was meant to prevent had already occurred. The court noted that while the supersedeas did not undo the completed action, the appeal itself remained pending.
No, a supersedeas to a final judgment that has already been performed does not undo the performance. It only stays future execution.
“A supersedeas to a final judgment not performed stays the execution thereof, but does not undo the performance of such judgment which has been fully performed.”
This quote explains the core legal principle regarding the effect of a supersedeas on actions already completed.
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Join FLexlaw to unlock all legal intelligenceAppellees obtained a license to sell liquor after an appeal was entered but before a supersedeas order was granted. The court was unaware of this acti…
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Mr. Justice Raney
delivered the opinion of the court:
This is a motion for a rule upon the appellees to show cause why they should not be attached for violating a supersedeas granted by a Justice of this court.
It now appears that intervening the entry of the appeal and the granting of such order the writ of mandamus was obeyed, and the appellees obtained the license to sell liquor from the Collector of Revenue. This' was of course unknown to myself or the other Justices of the court with whom I consulted and with whose concurrence I acted when I made the order. A supersedeas to a final judgment not performed stays the execution thereof, but does not undo the performance of such judgment which has been fully performed. 5th Fla.,234; 19 Wall., 661, The ruléis denied. This denial, or such performance, however, does not affect the appeal, which stands for such disposition as may be proper. 3 Otto, 150.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sparkman v. State, 71 Fla. 210 (Fla. 1916)…y writ was awarded and obeyed, and the respondent took writ of error. A performance of the requirements of a peremptory writ of mandamus is riot a bar to an appeal from the judgment awarding the writ. County Commissioners of Polk County v. Johnson, 21 Fla. 577. The applicable provisions of law are as follows: “The legislature shall provide for a uniform rate of taxation, and shall prescribe such regulations as shall secure a just valuation of all property, both real and personal, excepting such property…
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Kennett v. Barber, 159 Fla. 81 (Fla. 1947)…and a motion for peremptory writ, notwithstanding the answer, was granted. Appellants complied with the peremptory writ and have appealed from the final judgment, relying [*83] on Sparkman v. State, 71 Fla. 210, 71 So. 34 and Polk County v. Johnson, 21 Fla. 577 to warrant the appeal after having complied with the peremptory writ. The point for determination is whether or not a City Fireman who gets drunk and seizes the arm of his pregnant wife and throws her to the ground and then beats, bruises and batte…
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Walker v. Sarven, 41 Fla. 210 (Fla. 1899)…en, the decree complained of was. executed by sale of the appellant’s property in accordance with its terms. This fact does not affect this appeal, nor prevent the reversal of the decree appealed from (County Commissioners Polk Co. v. Johnson & Co., 21 Fla. 577; Burrows v. Mickler, 22 Fla. 572; O’Hara v. MacConnell, 93 U. S. 150; Peer v. Cookerow, 14 N. J. Eq. 361), although if the purchaser’s title acquired at such sale is such that a reversal of the decree will not affect it [*221] under previous decisio…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Bd. of Comm'rs v. Gorman, 19 Wall. 661 (U.S. 1873)