AIR AMBULANCE PROFESSIONALS, INC., A FLORIDA CORPORATION, APPELLANT,
v.
THIN AIR, INC., A FLORIDA CORPORATION, ROSS E. VANDEVER, JR., AS DIRECTOR, SHAREHOLDER AND INDIVIDUALLY, THIN AIR, INC., A NEVADA CORPORATION, BY BRIAN L. WEISZ, AS SHAREHOLDER, AND INDIVIDUALLY, AND CIRRUS AIR INTERNATIONAL, INC., APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Air Ambulance Professionals challenges a trial court order disbursing funds from a trust account established at the beginning of litigation. The appellate court affirms the disbursal, finding that Air Ambulance waived objections to the trust account requirement and failed to timely post a bond to stay execution pending appeal.
The trial court properly disbursed the funds because Air Ambulance waived its objections to the trust account order through its conduct, and there was no legal basis precluding disbursal once the motion for new trial was denied, as Air Ambulance failed to timely post a bond under Florida Rule of Appellate Procedure 9.310(b)(1) to stay execution pending appeal.
[1] Parties may waive objections to a mandatory injunction by their conduct, including compliance with the order.
[2] A motion for new trial does not automatically stay proceedings in the trial court, except that final process may not issue until the motion is determined.
Previewing 2 of 3 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“By their conduct, the parties waived legal objections to the December 22 order requiring the placing of money in the trust accounts.”
Establishes that Air Ambulance's participation in the trust account requirement constituted waiver of any objections to the order.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOn December 22, 1997, the trial court ordered both parties to deposit funds into their respective attorney trust accounts. After a jury trial on May 4…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Waiver By Conduct cases and more on FLexlaw
GROSS, J.
On December 22, 1997, at the beginning of the litigation below, the trial court ordered the parties to make deposits into their respective attorney’s trust accounts. Neither party appealed the order under Florida Rule of Appellate Procedure 9.130(a)(3)(B) as an order granting an injunction. The December 22 order was a mandatory injunction, since it commanded the parties to do a particular thing. Deposits were made in the trust accounts pursuant to the order. After a jury trial, the trial court, on May .4, 2000, entered a final judgment awarding money damages against petitioner Air Ambulance Professionals, Inc. Air Ambulance filed post-trial motions.
The trial court denied the motion for new trial on June 23, 2000, and ordered disbursal to appellee, Thin Air, Inc., of moneys Air Ambulance had deposited into the trust account. Air Ambulance timely appealed both the final judgment and the order disbursing funds. Air Ambulance later filed for bankruptcy. The bankruptcy was dismissed on August 7, 2000. Air Ambulance posted a bond on August 16, 2000, to cover the amount contained in the trust account.
By their conduct, the parties waived legal objections to the December 22 order requiring the placing of money in the trust accounts. This course of action benefitted both parties at different points in the litigation. Each party made deposits pursuant to the order. The parties contemplated that the trust accounts were places to park disputed moneys while the underlying businesses continued, until a final judgment determined entitlement to the funds. Motions for new trial do not stay proceedings in the trial court, except that executions or other final process may not issue until the motion for new trial “is determined.” Fla. R. Civ. P. 1.550(a). Assuming the order releasing funds was a type of final process, there was no legal basis precluding disbursal of the money once the motion for new trial was denied on June 23. There was no stay pending review under Florida Rule of Appellate Procedure 9.310(a); Air Ambulance did not post a bond pursuant to rule 9.310(b)(1) until August 16, 2000.
We affirm the order of the trial court disbursing the money in the trust account. If the moneys still remain in the trust account, they should stay there pursuant to the August 16 bond until the appeal of the final judgment is completed.
FARMER and HAZOURI, JJ., concur.