Florida/Georgia Personal Injury & Workers Compensation

...An annotation entitled, "Stay of Injunction by Appeal", 93 ALR 723, recognized that Florida General Statutes of 1920, § 2922 and § 3170, departed from the general rule and provided that any injunction could be suspended if authorized by supersedeas order of the court. This statute was incorporated in F.S. § 59.13, which, in turn, was incorporated as Rule 5.1, Florida Appellate Rules, which provides as follows: "When it shall be made to appear to the lower court that an appeal to review an interlocutory order or decree in equity has been or is about t...

...enter the order requiring the payment of counsel fees and costs in connection with the appeal. If necessity existed for such temporary counsel fees, the proper forum, under numerous precedents, is in this Court. Rule 35 of this Court, 30 F.S.A., and Section 59.13, F.S....

...statute. Subsection (d) of the rule provides that "if the judgment is in whole or in part other than a money judgment, the amount and condition of the bond shall be determined by the court" and the elements to be considered are therein set forth. Subsection 59.13 (5), supra, is in accord with the rule....

a bond is required to be given pursuant to Section 59.13, F.S. 1941, as amended, *Page 358 F.S.A., the

...F. Irby and Company, Inc., Intervenor herein, if hereafter allowed. " (Emphasis supplied.) Alfred J. Bohlinger, as Superintendent of Insurance of the State of New York, one of the defendants, pursuant to rule 35(e), 30 F.S.A. Rules of Supreme Court, section 59.13, F.S.A., has filed here a motion to review, modify and discharge the requirement providing for the filing of a supersedeas bond in said cause, urging as grounds therefor: (1) that the provision for securing attorney fees, when no such f...

...Bernstein, Fla., 43 So.2d 356, 358: "The purpose of the bond is to protect the party adversely affected against the consequences of the supersedeas or stay, and not against the appeal when the appeal is of right, except when a money judgment or decree is appealed, in which event the bond to be exacted is to pay same. See Section 59.13(3), F.S....

...Those decisions, most notably Bernstein v. Bernstein, Fla. 1949, 43 So.2d 356; Larson v. Higginbotham, Fla. 1953, 66 So.2d 40, and Luckhardt v. Pardieck, Fla.App. 1962, 142 So.2d 749, held that it is improper to require such a condition in a supersedeas bond issued pursuant to F.S.A. § 59.13, which section does not mention attorneys' fees....

...He further contends that the Chancellor was not authorized to issue a so-called "Constitutional Writ" without notice or bond which writ of injunction has the effect of superseding a final decree from which an appeal has been taken, without any attempt to apply for or post supersedeas bond as provided by Section 59.13(5), F.S.A....

...secured the payment of compensation under this chapter in compliance with § 440.38 shall, as a condition of filing such application for a review by the full commission, file with his application for review a good and sufficient bond, as provided in § 59.13 of chapter 59, conditioned to pay the amount of the award, interests and costs payable under the terms of the order of the full commission, if the application shall be dismissed or the order thereon shall affirm or make an award of benefits...

...rendition of the final decision, order, judgment or decree appealed from, unless some other period of time for taking an appeal is specifically provided by statute or these rules." [11] For example, compare Rules 5.1, F.A.R. through 5.11, F.A.R. and Section 59.13, Florida Statutes (1959), F.S.A....

reviewed upon motion. See Sup.Ct. Rule 35(e) and Section 59.13(6), F.S. 1941, F.S.A. When a party to an appeal

...After the entry of a final decree of foreclosure in favor of the appellees, who were plaintiffs below, the defendants, appellants here, filed their motion in the trial court for an order fixing the amount and conditions of a supersedeas bond as authorized by Florida Appellate Rule 5.5, 31 F.S.A., and Section 59.13(1), Florida Statutes, F....

...After hearing, the court fixed the amount of the bond “conditioned to pay costs on appeal, legal interest, attorneys fees, and damages for delay.” The authority for fixing the terms and conditions of a supersedeas bond is set forth in Florida Appellate Rule 5.8 and Section 59.13(4), Florida Statutes, F.S.A. Pursuant to Florida Appellate Rule 5.10, and Section 59.13 (6), Florida Statutes, the appellants then filed their motion in this court to review and modify the order and supersedeas bond upon the ground that the inclusion of the words “attorneys fees” in the order and bond are not proper....

...t the party adversely affected against the consequences of the supersedeas or stay, and not against the appeal when the appeal is of right, except when a money judgment or decree is appealed, in which event the bond to be exacted is to pay same. See Section 59.13(3), F.S.1941, F.S.A.’ * * * * * * “Anything in Kahn v....

...sprudence. It appears to be a cannibalization of those qualities found in Rules 59 and 60, Federal Rides of Civil Procedure-”). . In Matter of Dunson, 2014 WL 7793689 , at *1 (Bankr. N.D. Ga. Sept. 16, 2014) (quot-ing 12 Moore’s Federal Practice § 59.13(3)(c) (Matthew Bender 3d ed....

...s fees secured by the supersedeas bond. We recalled the mandate and have reviewed the order of affirmance. We have reached the conclusion that this is not a case in which attorneys fees could be properly secured by supersedeas bond and allowed under Section 59.13 , F.S.A., so order of affirmance was erroneous to that extent....

...secured the payment of compensation under this chapter in compliance with § 440.38 shall, as a condition of filing such application for a review by the full commission, file with his application for review a good and sufficient bond, as provided in § 59.13 of chapter 59, conditioned to pay the amount of the award, interests and costs payable under the terms of the order of the full commission, if the application shall be dismissed or the order thereon shall affirm or make an award of benefits...

...��s interest in the curator’s account liable in the event of the depreciation which did occur. The appellant also argues that the terms “super-sedeas or stay” are synonymous terms as used in Part V of the Florida Appellate Rules, 32 F.S.A. and § 59.13, Fla.Stat., F.S.A....

...Appellee has declined to comply with our order. Instead, appellee has filed herein a reply to appellant’s motion to review the stay order of the trial judge. In that reply appellee contends that the stay order was not entered pursuant to Rule 9.310, but pursuant to Section 59.13, Florida Statutes (1977)....

...general law, the stay order in question is not reviewable by this court upon motion as provided in Rule 9.310. Appellee further argues that, in any event, the stay order was properly entered in the exercise of the discretion of the trial judge under Section 59.13 and should not be disturbed. Appellant has filed herein a responsive memorandum to appellee’s reply, in which appellant correctly points out that under Rule 9.310, only this court has authority to stay the effectiveness of its mandate. Appellant says that, therefore, Section 59.13 is in conflict with Rule 9.310 and must fall as unconstitutional. It is not necessary for this court to consider the constitutionality of Section 59.13. That statute clearly does not authorize the stay order which has been entered by the trial judge in this cause. Section 59.13 reads as follows: When it appears to the trial court that a petition for certiorari has been or is about to be applied for in an appellate court, the trial court may grant a supersedeas upon petitioner giving a good and sufficient bond,...

...ecured the payment of compensation under this chapter in compliance with § 440.38 shall,, as a condition of filing such application for a review by the full commission, file with his application for review a good and sufficient bond, as provided in § 59.13 of chapter 59, conditioned to pay the amount of the award,, interests and costs payable under the-terms of the order of the full commission, if the application shall be dismissed or the order thereon shall affirm or make an award of benefits in: any amount, and upon failure of such, employer to file such bond with his-application for review the commission shall dismiss the application for review * * * Section 59.13, Florida Statutes, F.S.A.,, which is referred to in Section 440.25 (4)> (a) purports to set forth the procedure for-obtaining a supersedeas bond....

...Section 59.-13, supra, reads in part: *247 “ * * * The appellant shall, at any time prior to filing his record on appeal, apply to the trial court for a good and sufficient bond payable to the adverse party, the amount and conditions of which shall be fixed by the trial court * * * Petitioner suggests that Section 59.13 permits the filing of the appeal bond “at any time prior to filing his record on appeal”, whereas Section 440.25(4) (a) requires that application for review be filed within the stated twenty day period....

...g the amount of an appeal bond under Section 440.25(4) (a), the deputy commissioner may properly be placed in the category of a “trial court”. The other point of conflict and alleged confusion suggested by petitioner deals with the provisions of Section 59.13, supra, which permit the amount of the bond to be fixed at any time prior to filing the record on appeal, while Section 440.25 (4) (a) requires the filing of the application for review with accompanying bond during the stated twenty day period....

...ired by law.” The appellee contends that the supersede-as bond was required to be for the full amount of the judgment remaining unpaid, plus such sum as the trial court should require in addition for interest and costs, citing rule 5.7 F.A.R., and § 59.13 Fla.Stat., F.S.A....

...ned to satisfy the judgment or decree or any modification not increasing the amount thereof, in full, including costs, interest (if chargeable), and damages for delay, in event the appeal be dismissed or the judgment, order or decree is affirmed.” Section 59.13(3) Fla.Stat., F.S.A....

...rule and statute. Accordingly, the challenged order is reversed, and the cause is remanded to the trial court with directions to enter an order fixing the amount and conditions of supersedeas bond as provided for in such case by rule 5.7 F.A.R., and § 59.13(3) Fla.Stat., F.S.A.; whereupon, the appellant may elect to proceed with its appeal without supersedeas, or to supersede the judgment by filing bond as so required....

...t the party adversely affected against the consequences of the supersedeas or stay, and not against the appeal when the appeal is of right, except when a money judgment or decree is appealed, in which event the bond to be exacted is to pay same. See Section 59.13(3), F.S.1941, F.S.A.” See also Larson v....

supersedeas filed in this Court was authorized by F.S. § 59.13(9), F.S.A. Petitioner represented that a petition