Florida Rule of Appellate Procedure 9.310(a), known as the "
supersedeas bond" section, sets forth the bond required of a party seeking to reverse or vacate a judgment on appeal, out of which a money judgment is to be satisfied if the appeal is not successful.
[section] 120.68(3) (2011) ("The filing of the petition does not itself stay enforcement of the agency decision, but if the agency decision has the effect of suspending or revoking a license,
supersedeas shall be granted as a matter of right upon such conditions as are reasonable, unless the court, upon petition of the agency, determines that a
supersedeas would constitute a probable danger to the health, safety, or welfare of the state.").
1996) (entry of court order is not necessary for bond to become effective as
supersedeas bond); Fla.
[section] 45.045, which, except for class actions, sets a limit on
supersedeas bonds of $50 million and allows the trial court discretion to lower the amount of a
supersedeas bond under certain circumstances.
If the appellant faces a money judgment and wants to post a civil
supersedeas bond to forestall collection, that cost also can be substantial (typically a percentage of the bond amount), and counsel should start early to obtain a bond.
Another injury which a defendant may incur as a result of not being able to appeal a denial of summary judgment is the cost of obtaining a
supersedeas bond.
4) You (erroneously) believe an appeal (
supersedeas) bond must be filed to preserve your right to take an appeal.
62(d), which appears to require a bond in order to stay lower court proceedings pending appeal, federal courts have held consistently that a trial court has authority under the rule to stay a money judgment without compelling the posting of a
supersedeas bond.
State Farm, having assured the Campbells prior to trial that they had no potential exposure, initially refused to satisfy the excess judgment, telling the Campbells to "put for-sale signs on your property" and refusing to post a
supersedeas bond to allow the Campbells to appeal.
3d DCA 1994), the Third District Court of Appeal reiterated the well-settled principle that an appellant need not post a
supersedeas bond to perfect an appeal from a money judgment, but that if the appellant seeks a stay, he or she must post a bond in the amount set forth in Rule 9.310(b).
[section] 59 (authorizing
supersedeas upon filing of a petition for a writ of certiorari).
Also unlike Florida procedure, the federal rules do not specify an amount for a
supersedeas bond.
