THE STATE OF FLORIDA, EX REL. BERTIE LANGFORD, PLAINTIFF,
v.
THE HONORABLE W. J. BARKER, JUDGE OF THE CIRCUIT COURT, NINETEENTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR THE COUNTY OF HIGHLANDS, DEFENDANT
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The Florida Supreme Court quashed an alternative writ of mandamus, holding that a trial judge lacks the inherent authority to determine the sufficiency of a supersedeas bond. The appropriate remedy for an insufficient bond is a motion to vacate the supersedeas in the appellate court.
No, a trial judge does not have inherent authority to adjudge the sufficiency of a supersedeas bond. The appropriate remedy for an ineffectual bond is a motion in the appellate court to vacate the supersedeas.
“The Circuit Judge has no inherent authority to adjudge the sufficiency of the supersedeas bond.”
Establishes the core legal principle regarding the judge's authority.
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Join FLexlaw to unlock all legal intelligenceAn appeal was taken from a circuit court decree, and a supersedeas bond was filed and approved. However, the bond lacked seals on the sureties' signat…
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Per Curiam.
An alternative writ of mandamus issued herein alleges in effect that an appeal had been taken from a decree of the Circuit Court rendered in a cause and a purported supersedeas bond had been filed and approved; that no seal appears to the signatures of the sureties on the supersedeas bond which renders the supersedeas inoperative; and that the trial judge refuses to confirm a sale of property made under the decree because of the existence of the purported supersedeas bond. The writ commands the judge to proceed or to show cause. A demurrer filed contains in effect a ground that the writ shows the bond to be insufficient to make the supersedeas effective under the statute.
The Circuit Judge has no inherent authority to adjudge the sufficiency of the supersedeas bond. An appropriate remedy is a motion in this court to vacate the supersedeas or to have the supersedeas adjudged to be ineffectual because the purported supersedeas bond is in law not a bond as to the sureties in that no seals are affixed to the signatures of the sureties. The alternative writ will be quashed. It is so ordered.
Strum and Buford, J. J., concur. Terrell, C. J., and Ellis and Brown, J. J., concur in the opinion and judgment.
Cases With Similar Vibessemantic neighbors from the corpus
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Lawson v. Cnty. Bd. of Pub. Instruction, 114 Fla. 153 (Fla. 1934)…a reasonable fee for the services of their attorney on this appeal.” An appropriate motion in the appellate court is the proper procedure. Continental Nat. Building & Loan Ass’n v. Scott, 41 Fla. 421, 26 Sou. 726; State, ex rel. Langford v. Barker, 99 Fla. 588, 126 So. 764. A supersedeas to stay the progress of judicial proceedings is not a matter of right, but in proper cases may be obtained by a compliance with the conditions prescribed by statute or by judicial order pursuant to statute. Where a stat…