MARSHALL GRABEL, APPELLANT,
v.
JOAN GRABEL, APPELLEE
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On Motion to Strike Supersedeas Bond
SCHWARTZ, Chief Judge.
The order under review requires the husband to pay, in installments, accrued increases in the amounts of child support retroactive to the date of the appellee-wife’s petition for modification. Because the order is for support and is enforceable by contempt — that it thus provides for the alternatives of payment or imprisonment— we hold that it is not a “[mjoney [j]udgment” and one “solely for the payment of money” within the meaning of the title and text of Fla.R.App.P. 9.310(b)(1), under which posting a 115 per cent supersedeas bond effects an automatic stay pending review. See Florida Coast Bank of Pompano Beach v. Mayes, (Fla., 4th DCA Case No. 81-2272, opinion filed, December 29, 1982); compare, e.g., Proprietors Insurance Co. v. Valsecchi, 385 So. 2d 749 (Fla. 3d DCA 1980). Accordingly, the wife’s motion to strike the bond posted pursuant to the rule is granted and the cause is remanded for the trial court’s discretionary consideration of an application for stay under Fla.R. App.P. 9.310(a).
Motion granted, remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Garcia v. Garcia, 743 So. 2d 1225 (Fla. 4th DCA 1999)…50 (Fla.1995). It is properly characterized as an “order for the performance of a specific act,” which is the payment of fees, under Rule 1.570(c)(2), and not as a “judgment solely for the payment of money” under Rule 1.570(a). See Grabel v. Grabel, 425 So. 2d 1220 (Fla. 3d DCA 1983). The money judgments contemplated by Rule 1.570(a) are not enforceable by contempt, but “by execution, writ of garnishment, or other appropriate process or proceedings. ’ The automatic stay provision of Rule 9.310(b)(1) is applica…
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Donner v. Appalachian Ins. Co., 580 So. 2d 797 (Fla. 3d DCA 1991)…DCA 1981); Donner v. Hetherington, 376 So. 2d 404 (Fla. 3d DCA 1979); Donner v. Hetherington, 370 So. 2d 1225 (Fla. 3d DCA 1979). . See Edelstein v. Donner, 450 So. 2d 562 (Fla. 3d DCA 1984), approved, 471 So. 2d 26 (Fla.1985); Donner v. Edelstein, 425 So. 2d 1220 (Fla. 3d DCA 1983); Donner v. Edelstein, 423 So. 2d 367 (Fla. 3d DCA 1982); Donner v. Edelstein, 415 So. 2d 830 (Fla. 3d DCA 1982). .Our affirmance should not be read to bar Ms. Donner from seeking to amend her complaint pending in the circuit cour…
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Edelstein v. Donner, 450 So. 2d 562 (Fla. 3d DCA 1984)
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- Proprietors Ins. Co. v. John and Janet Valsecchi, 385 So. 2d 749 (Fla. 3d DCA 1980)