ITEM 11D | MONEY JUDGMENTS
Some Florida courts have ruled that the only way to stay execution (the enforcement of a money judgment) is by posting cash or a surety bond in the amount required by Rule 9.310, and this may remain a subject of disagreement in certain courts. But Section 45.045(2), Florida Statutes, seems to give the lower tribunal the power to reduce the amount of a bond required to stay a money judgment, and/or to set other conditions for the stay with or without requiring a bond. In addition, Section 45.045(1), Florida Statutes, generally states that, except in certified class actions, the amount of a bond needed to obtain a stay pending appeal may not be more than $50 million for each appellant, regardless of the amount of the judgment being appealed (although this number may change in the future). If you are asking a court to apply Section 45.045, Florida Statutes, doing additional research will help you determine what your local courts have decided.
According to Section 45.045, Florida Statutes, if the lower tribunal reduces the bond amount or allows a stay on other conditions without requiring a bond, the party who won in the lower tribunal (the “appellee”) is allowed to take discovery to make sure that the appellant has not hidden or spent money in a way that would make collection of a judgment more difficult. If it is discovered that the appellant has hidden or spent money, the lower tribunal may then, upon request from the appellee, change the amount of the bond or require the appellant to post a full bond in the amount required by Florida Rule of Appellate Procedure 9.310.
Unless the lower tribunal allows a bond in a reduced amount or orders a stay on other conditions without requiring a bond under Section 45.045, Florida Statutes, the bond amount required is the total amount stated by the judgment, plus two years of interest at the statutory interest rate. See Florida Rule of Appellate Procedure 9.310. The current interest rate can be obtained from the local court clerk, the Florida Department of Financial Services’ website, or an authorized surety company. Posting a bond for the correct amount should automatically stay execution or the enforcement of the judgment. A party posting a bond should send all parties a “Notice of Filing Supersedeas Bond,” so that everyone knows about the stay. In a mortgage foreclosure case, it is especially important for a party who plans to appeal to move for a stay order in the lower court as soon as possible and prior to the judicial foreclosure sale scheduled in the final foreclosure judgment.
You might need to reference it during your pursuit of justice.
For instance, you might need to examine this handbook in order to protect yourself from judges/lawyers/organizations who break the law (see this example of a Florida judge who outright committed perjury).
Nevertheless – and as always – please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
