HILLSBOROUGH COUNTY BUILDING & LOAN ASSOCIATION, A CORPORATION, AND PROTECTIVE REALTY HOLDING CORPORATION, A CORPORATION, APPELLANTS,
v.
G. R. FOLSOM, ET AL., 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.
The Florida Supreme Court vacated a supersedeas order because the supersedeas bond was executed before the order fixing its conditions and amount, failing to meet statutory requirements for protecting obligees' rights.
No, the supersedeas order is not valid because the bond was executed before the order that should have dictated its terms and amount, thus failing to comply with statutory requirements.
“The statute and the orders made contemplate a bond executed after and in accordance with the order fixing the amount and condition of the bond.”
Explains the procedural requirement for the supersedeas bond.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceA supersedeas order was granted by a Justice of the Court, and the Circuit Judge later set the bond conditions. However, the bond filed was dated prio…
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 Supersedeas Bond Conditions cases and more on FLexlaw
— Upon motion to vacate supersedeas it appears that the order for a supersedeas was made by a. Justice of this Court August 22, 1930, that the order of the Circuit Judge fixing the amount and condition of the bond to be executed was made.August 25, 1930, and that the bond filed is dated July 23, 1930. The statute and the orders made contemplate a bond executed after and in accordance with the order fixing the amount and condition of the bond. The statute also contemplates that the order1 shall require the bond to be in such amount and so conditioned as to duly protect the rights of the obligees. The supersedeas is vacated.with leave to apply to the Circuit Judge for an appropriate order fixing the amount and con*758dition of a bond to be executed, approved and filed as required by law.
It is so ordered.
Terrell, C. J., and Whitfield, Strum and Buford, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Lawson v. Cnty. Bd. of Pub. Instruction, 114 Fla. 153 (Fla. 1934)…n a money judgment or decree, “the amount and condition of the bond shall be determined by the court below.” Sections 4621 (2911), 4962 ( 3170), C. G. L.; Holgate v. Jones, 93 Fla. 269, 111 So. 626; Hillsborough County Bldg. & Loan Assoc. v. Folsom, 100 Fla. 757, 129 So. 918; Carr & Carr v. Marion Mortgage Co., 99 Fla. 807, 126 So. 776; Labell v. Campbell, 99 Fla. 1125, 128 So. 422. . In stated classes of cases the statute confers upon “the court below” the authority and duty to determine the amount and co…