A mortgage foreclosure judgment generally is not viewed as an order solely for the payment of money because it is secured by the mortgage on the real property. Accordingly, an appellant cannot rely on the automatic stay provisions for money judgments in Florida Rule of Appellate Procedure 9.310(b)(1). To obtain a stay pending appeal in a mortgage foreclosure case, the appellant should file a motion to stay the foreclosure judgment and sale in the lower court as soon as possible and prior to the judicial foreclosure sale scheduled in the final foreclosure judgment. The trial court has broad discretion to decide whether to grant a motion to stay a foreclosure case pending appeal, and will consider, among other factors, the present fair market value of the property, any other liens on the property, and any waste or other damages that could be caused by delaying the foreclosure sale for the appeal. Although a mortgage foreclosure judgment does not fit neatly within the formula for money judgments in Florida Rule of Appellate Procedure 9.310(b)(1), the trial court may use that bond formula as a yardstick for determining the amount of a bond. If the order on appeal is affirmed or appellate review dismissed, the plaintiff generally may also collect any interest that accumulated on the bond during the appeal as damages for the delay in the case.
