An appellate stay is a way to maintain things as they are in a lower court while a case is being appealed. It’s not always required, but it can be really important for getting fair results in an appeal. To ask for a stay, you have to make a formal request to the court that made the original decision. Some stays are up to the court’s discretion, while others are guaranteed. If you want to stop a money judgment from being enforced while you appeal, you have to file a motion or put up a bond. Just filing an appeal doesn’t automatically put a stop to things. If a party wants to appeal a money judgment, they have to post a bond in the amount of the judgment plus twice the yearly interest rate. The trial court doesn’t have the choice to let the party appeal without a bond. If the appellant doesn’t post a bond and the judgment is reversed, they might not get their money back if the other party is unable to pay. If the judgment is for something other than money, the appellant has to ask the lower court for a stay. The parties can agree to a stay without a bond if they want. If the judgment creditor isn’t worried about getting paid, they might agree not to collect during the appeal. When a public body or officer files an appeal, it automatically puts a hold on the decision being appealed, except in criminal cases. In cases involving public records and meetings, the hold only lasts for 48 hours. The lower court or appeals court can change or remove the hold if needed.
If someone appeals a decision made by a government agency, the decision is not put on hold unless the agency suspends or revokes a license. If the agency thinks that a hold would be dangerous to the state, they can ask the appeals court to not put the decision on hold.
Once the appeals court makes a decision, the hold automatically ends. The losing party can ask the appeals court to keep the hold while they try to get the decision reviewed again.
If the person who lost the case pays the amount they owe, their appeal may be dismissed.
If there is an appeal before the final decision is made, the lower court can continue with the case, but they can’t make a final decision until the appeal is finished.
In bankruptcy cases, the appeal is put on hold if the bankrupt person was a defendant in the case.
In federal court, the party that lost has 10 days to ask for a hold on the decision. They can ask for a longer hold, but the court will decide if it’s necessary. In federal court, there’s no set amount for a bond you need to post to appeal a judgment. The bond should cover the judgment amount, costs, and interest. Before appealing, you usually have to ask the court for a temporary hold on the judgment, or show why you can’t do that. If you want to stop the judgment from being enforced while you appeal, you need to post a bond and wait for the court to approve it. If you don’t do this, the creditor can go ahead and take the money you owe them, even if you win the appeal later. This is a list of rules and court cases related to appealing a decision in Florida. It includes rules about when a stay (or suspension) of a decision can happen, and when parties can appeal a decision. It also includes examples of court cases to show how the rules are applied. Two lawyers, Mr. Elligett and Judge Scheb, are experts in appellate practice, which means they help clients appeal court decisions. They both have impressive education and experience in their field. This article is adapted from a book they wrote about Florida appellate practice. The article was shared by the Appellate Practice Section of The Florida Bar.
Source: https://www.floridabar.org/the-florida-bar-journal/appellate-stays-and-bonds/
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