ARNOLD I. BARNETT AND ALEXANDER P. ROSIN, APPELLANTS,
v.
BARNETT BANK OF JACKSONVILLE, N.A., A NATIONAL BANKING ASSOCIATION, APPELLEE
Explore caselaw by topic → Browse Good Cause For Stay cases and more on FLexlaw
SMITH, Judge.
The trial court entered a money judgment for appellee but granted appellants’ motion pursuant to Rule 1.550(b), R.C.P., to stay execution “for good cause” during the appeal. The court recited that the central issue is without controlling Florida precedent, that the issue “is of sufficient importance that it should be finally determined by the Appellate Court” and consequently that there is good cause to stay execution pending the appeal. The trial court enjoined appellants from disposing of their property. The main appeal to this court is pending at an early stage.
The appellee judgment creditor seeks review of the trial court’s stay order under Rule 5.10, F.A.R. We believe appellee’s position is correct. It is true that Rule 1.550(b), R.C.P., may be utilized to protect a judgment debtor briefly while he perfects his appeal and obtains supersedeas. Chapman v. Rose, 295 So. 2d 667 (Fla.App. 2d, 1974). But Rule 5.2, F.A.R., provides for supersedeas of a judgment for the recovery of money not secured only by filing a super-sedeas bond conditioned as required by Rule 5.7. Even in a case such as this, in which the trial court obviously considered the central issue fairly debatable, the Rules of Civil Procedure should not be given effect to nullify the benefits to appellee of a su-persedeas bond required by the Florida Appellate Rules. Jenkins Trucking, Inc. v. Emmons, 207 So. 2d 280 (Fla.App. 3d, 1968), cert. den., 210 So. 2d 867 (Fla.1968).
The order staying execution is vacated.
BOYER, C. J., and MILLS, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Murphy v. Murphy, 378 So. 2d 27 (Fla. 3d DCA 1979)…by Fla.R.App.P. 9.310.2 Thus, the effect of the denial of the wife’s motion to permit her to execute upon her judgment was to grant the husband a stay in the complete absence of any basis to do so. See Barnett v. Barnett Bank of Jacksonville, N.A., 338 So. 2d 888 (Fla. 1st DCA 1976). At the time the motion was filed below, the wife was entitled to execution as a matter of right. See City of Miami Beach v. Cummings, 251 So. 2d 715 (Fla. 3d DCA 1971), cert. discharged, 263 So. 2d 571 (Fla.1972); King v. L & L…
-
Campbell v. Jones, 648 So. 2d 208 (Fla. 3d DCA 1994)…Motion granted; stay vacated. . We note that Fla.R.Civ.P. 1.550(b) has been described as a vehicle for protecting a judgment debtor “briefly while he perfects his appeal and obtains supersedeas." Barnett v. Barnett Bank of Jacksonville, N.A., 338 So. 2d 888, 889 . See also Chapman v. Rose, 295 So. 2d 667 (Fla. 2d DCA 1974) (temporary stay of execution on money judgment would have been appropriate under Fla.R.Civ.P. 1.550(b) for four days while appeal filed and supersedeas obtained). In this case, appel…
-
Charter Schs. USA, Inc. v. John DOE NO. 93, 152 So. 3d 657 (Fla. 3d DCA 2014)…208, 209 n. 1 (Fla. 3d DCA 1994) (“We note that Fla. R. Civ. P. 1.550(b) has been described as a vehicle for protecting a judgment debtor ‘briefly while he perfects his appeal and obtains supersedeas. ’ Barnett v. Barnett Bank of Jacksonville, N.A., 338 So. 2d 888, 889 (Fla. 1st DCA 1976) (emphasis added). See also Chapman v. Rose, 295 So. 2d 667 (Fla. 2d DCA 1974) (temporary stay of execution on money judgment would have been appropriate under Fla. R. Civ. P. 1.550(b) for four days while appeal filed and sup…1 / 2
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jenkins Trucking, Inc. v. Emmons, 207 So. 2d 280 (Fla. 3d DCA 1968)
- Chapman v. Rose, 295 So. 2d 667 (Fla. 2d DCA 1974)
- Fleming v. State, 210 So. 2d 867 (Fla. 1968)