MELLON UNITED NATIONAL BANK, ETC., APPELLANT,
v.
MICHAEL L. COCHRAN, APPELLEE
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Florida appellate court reversed a trial court's sua sponte suspension of execution on a judgment, holding that a defendant seeking to stay execution pending appeal must post a bond under Rule 9.310(b), not rely on equitable discretion.
A defendant seeking to stay execution of a judgment pending appeal may obtain a stay only by posting a bond in the amount set forth in Rule 9.310(b), not through equitable grounds invoked sua sponte by the trial court.
[1] A trial court lacks authority to suspend execution of a judgment on equitable grounds without compliance with the procedural requirements for obtaining a stay, including…
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Join FLexlaw to unlock all legal intelligenceThe trial court granted summary judgment for Mellon United National Bank against Michael L. Cochran in excess of $117,500. Cochran requested time to r…
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PER CURIAM.
The trial court granted final summary judgment for plaintiff Mellon United National Bank, and entered a judgment against defendant Michael L. Cochran in excess of $117,500. Cochran requested the court to give him time to get his finances in order through the resolution of a pending divorce action before authorization of execution on the judgment. No notice of appeal, motion for stay or supersedeas bond was filed by Cochran; however, the trial court interlineated on its final judgment “no execution until further order of court.” The trial court indicated it was suspending execution on equitable grounds. We reverse.
If a defendant 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).’ ” 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 also DuBreuil v. Regnvall, 527 So. 2d 249 (Fla. 3d DCA 1988); Murphy v. Murphy, 378 So. 2d 27 (Fla. 3d DCA 1979).
Reversed.
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Citator
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Katz v. N.M.E. Hosps., Inc., 842 So. 2d 853 (Fla. 4th DCA 2002)…eas bond or order staying further proceedings in relation to the judgment, judgment creditors are entitled to pursue execution and collection of the judgment. See Bernstein v. Bernstein, 48 So. 2d 356 (Fla.1949); Mellon United Nat’l Bank v. Cochran, 776 So. 2d 964, 964 (Fla. 3d DCA 2000); Starkey v. Linn, 727 So. 2d 386, 388 (Fla. 5th DCA 1999); Randolph v. Randolph, 618 So. 2d 770, 771 (Fla. 5th DCA 1993); Finst Dev., Inc. v. Bemaor, 449 So. 2d 290, 291 (Fla. 3d DCA 1983). Thus, the trial judge’s enforcement…
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PS Cap., LLC v. Palm Springs Town Homes, LLC, 9 So. 3d 643 (Fla. 3d DCA 2009)…t might ensue as a result of the delay. “If a defendant 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).” ’ ” Mellon United Nat. Bank v. Cochran, 776 So. 2d 964, 964 (Fla. 3d DCA 2000). In this case, the surety bond would have been for approximately $3,305,000.3 Conclusion The preservation of litigation rights and alleged equity should not have been afforded to the appellees in this case at the expense of…
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Freedom Insurors, Inc. v. M.D. Moody & Sons, Inc., 869 So. 2d 1283 (Fla. 4th DCA 2004)…ning the moment when an automatic stay becomes effective under rule 9.310(b)(1), case law has treated “posting” as a synonym for “filing,” which rule 9.420(a)(1) defines as filing with the clerk or the court. See Mellon United Nat’l Bank v. Cochran, 776 So. 2d 964 (Fla. 3d DCA 2000) (indicating that “[n]o notice of appeal, motion for stay or supersedeas bond was filed by [the individual party]”) (emphasis added); City of Miami v. Arostegui, 616 So. 2d 1117, 1120 (Fla. 1st DCA 1993) (observing that under rule…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Finst Dev., Inc. v. Bemaor, 449 So. 2d 290 (Fla. 3d DCA 1983)
- State v. Montford, 385 So. 2d 1170 (Fla. 3d DCA 1980)
- Murphy v. Murphy, 378 So. 2d 27 (Fla. 3d DCA 1979)
- DuBREUIL v. Regnvall, 527 So. 2d 249 (Fla. 3d DCA 1988)
- Campbell v. Jones, 648 So. 2d 208 (Fla. 3d DCA 1994)