ALMA KLEIN TRAVIS, ET AL.
v.
W. E. VASSAR
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The Florida Supreme Court addressed a motion to vacate a supersedeas unless a more comprehensive bond was provided by the appellants. The court found the original bond insufficient to protect the appellee's rights.
The original supersedeas bond is insufficient because it only covers court costs and does not protect the appellee from damages or expenses if the cause is affirmed or dismissed.
“Upon consideration of the motion of appellee to vacate the supersedeas herein unless a better supersedeas bond, conditioned to pay all costs, damages and expenses the appellee may sustain, if the said cause should be affirmed or dismissed, be given by appellants, and it appearing to the Court that the supersedeas bond heretofore given covers only the court costs, which is an insufficient bond to protect the rights of appellees under said supersedeas”
Describes the appellee's motion and the court's initial finding regarding the insufficiency of the supersedeas bond.
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Join FLexlaw to unlock all legal intelligenceThe appellants had previously obtained a supersedeas, which is a stay of execution pending appeal. The supersedeas bond posted by the appellants only …
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Upon consideration of the motion of appellee to vacate the supersedeas herein unless a better supersedeas bond, conditioned to pay all costs, damages and expenses the appellee may sustain, if the said cause should be affirmed or dismissed, be given by appellants, and it appearing to the Court that the supersedeas bond heretofore given covers only the court costs, which is an insufficient bond to protect the rights of appellees under said supersedeas, it is thereupon ordered by this Court that the supersedeas heretofore granted herein shall he and the same is hereby vacated, unless the said appellants shall within thirty days from the date of this order, make or cause to be made, and filed in the office of the clerk of the court’below, an approved supersedeas bond, in the penal sum heretofore fixed for a supersedeas bond by the circuit judge, conditioned to pay all costs, damages and expenses the appellee may sustain, if the said cause shall be affirmed or dismissed, all of which shall be certified to the court below by the clerk of this Court sending to the Clerk of the Circuit Court of Brevard County a certified copy of this order.
It is so ordered.
Davis, C. J., and Wi-iitfield, Terrell, Brown and Buford, J. J., concur.