A writ of supersedeas is a legal instrument used to stay or suspend the execution of a judgment pending an appeal.
Purpose and Function
A writ of supersedeas temporarily stops the enforcement of a lower court’s judgment while an appeal is pending. It allows the appellant (party appealing) to delay payment of a judgment until the appeal process is complete.
Requirements in Florida
In Florida, a supersedeas bond is typically required to obtain a stay of judgment execution during an appeal. The bond amount is usually set at the full amount of the judgment plus two years of statutory interest. However, Florida law caps supersedeas bond amounts at $50 million per appellant, regardless of the actual judgment amount (Florida Statute 45.045).
Key Provisions
Florida Rule of Appellate Procedure 9.310 governs supersedeas bonds and stays pending appeal. The bond is not required to file an appeal, but is necessary to prevent enforcement of a money judgment during the appeal process. In some cases, the court may reduce the bond amount or set other conditions for a stay “in the interest of justice and for good cause shown.”
Procedure
The appellant must file a motion with the court to request a stay and approval of the supersedeas bond. If approved, the bond is typically filed with the clerk of the court that originally determined the case (Florida Statute 924).
Exceptions
Some judgments, like those in small claims court, may have different procedures for stays pending appeal. In certain emergency situations or cases involving injunctions, the court may issue immediate stays without requiring a supersedeas bond.