CAPITAL BANK, APPELLANT,
v.
MVB, INC., A FLORIDA CORPORATION, F/K/A CURLS AND CONDITIONERS, INC., AND ANTHONY BATTAGLIA, AN INDIVIDUAL, APPELLEES
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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.
A civil supersedeas bond cannot be discharged before attorney's fees are finalized when the bond expressly conditions discharge upon payment of such fees and the judgment reserves jurisdiction to award them.
[1] A civil supersedeas bond conditioned expressly upon payment of attorney's fees and costs remains in effect until such fees are finalized, even after affirmance of the und…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The bond provision provides for 'costs, interest and attorneys' fees, and damages for delay in the event ... said judgment is affirmed.' This language demonstrates that fees are subsumed in the matter the bond was intended to protect.”
Court explaining why the bond's express language required it to remain in effect until attorney's fees were finalized.
Capital Bank obtained a judgment against MVB, Inc. and Anthony Battaglia, posted a supersedeas bond, and the judgment was affirmed on appeal. The tria…
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PER CURIAM.
Capital Bank appeals an order discharging a civil supersedeas bond following affirmance of the judgment. Capital Bank v. MVB, Inc., 644 So. 2d 515 (Fla. 3d DCA 1994), review denied, 654 So. 2d 918 (Fla.1995). We reverse. The trial court erred in discharging the bond before the attorney’s fee award was finalized:1 the final judgment reserved jurisdiction to award attorney’s fees and the bond provisions expressly condition discharge upon the payment of such fees. See Fla. R.App. P. 9.310(c)(2), 9.900(h). Cf. Finst Dev., Inc. v. Bemaor, 449 So. 2d 290 (Fla. 3d DCA 1983)(eourt ordered party to post separate bond for attorney’s fee award where, apparently, the bond was not conditioned upon payment of fees); City of Coral Gables v. Geary, 398 So. 2d 479 (Fla. 3d DCA 1981)(where bond did not contain attorney’s fee provision surety not liable). Therefore, Capital remained entitled to the bond’s protection. To hold otherwise would render the bond’s express language meaningless. The bond provision provides for “costs, interest and attorneys’ fees, and damages for delay in the event ... said judgment is affirmed.” This language demonstrates that fees are subsumed in the matter the bond was intended to protect. Accordingly, we reverse the order and remand for further proceedings.
Reversed and remanded.
. Capital contended that it was entitled to attorneys' fees pursuant to the note, guaranty and section 772.104, Florida Statutes (1993).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Jasma Corp. v. Cap. Bank, 644 So. 2d 515 (Fla. 3d DCA 1994)
- Finst Dev., Inc. v. Bemaor, 449 So. 2d 290 (Fla. 3d DCA 1983)
- City OF Coral Gables v. Geary, 398 So. 2d 479 (Fla. 3d DCA 1981)