Appellate Stays in Civil Cases: Florida and Federal Courts Offer More Security Flexibility than Believed, But Stay Violations Still Have Teeth

When a party is hit with a really big judgment and wants to appeal it, they may not be able to afford the bond needed to put the judgment on hold while they appeal. This means they have to start paying the judgment right away, even though they’re still trying to fight it. However, in Florida and federal courts, there are other ways to put the judgment on hold and make sure it doesn’t have to be paid until the appeal is decided. These alternative ways provide some relief for the party appealing the judgment. Appellate stays are important for the administration of justice. They suspend the enforcement of a judgment while it is being appealed, and they are not guaranteed. The court considers things like the likelihood of success on appeal and if the party will be hurt without the stay. In some cases, the party appealing may have to post a bond to make sure the person who won the judgment gets paid if the appeal fails. In federal court, certain types of judgments can be stayed, and the party appealing might need to get a bond to do so. The court can also change or lift the stay if it is necessary. In federal court, if a party wants to stop a judgment from taking effect, they can ask the district court for a stay. If that’s not possible or the district court says no, they can ask the appeals court for a stay. The rules also allow for some flexibility in providing security for the stay. If a party wants to stop a judgment from being enforced while they appeal it, they may need to post a bond. This bond is like an insurance policy to make sure the money judgment will be paid if the appeal fails. The bond can be in the form of cash or a surety bond from an authorized company. In Florida, a bond equal to the judgment amount plus twice the interest rate must be posted, and it automatically stops any further action on the judgment.

In some cases, the court may allow the party to provide alternative security instead of a full bond, depending on their financial situation. For example, if a party can show they have the financial ability to pay the judgment and maintain their solvency during the appeal process, the court might allow a lesser bond or alternative security. But this is not the general rule, and most of the time, a full bond is required. In Florida, the amount of money required to be paid to stop a court order from being carried out can be changed by the judge if there is a good reason. This is to make sure that the person who won in court can still get their money if the other person appeals the decision. The person who won can ask for more information about the other person’s money to make sure they aren’t hiding it. If it’s found that someone is spending or getting rid of their money or property to avoid paying a legal judgment, the court can make them put up a bond to cover the amount they owe. They can also face other penalties as the court sees fit. The Third District Court of Appeal in Florida recognized that a new law about bond caps did not infringe on court rules. Other courts in the country also found similar laws constitutional. The courts can require bonds for appeal cases, and if the bond is not followed, the person can be charged with contempt. This includes the attorney, judge, or anyone involved in the case. If a person violates a stay, they may be charged with civil contempt, even if it was unintentional. An appellate stay is like hitting the “pause” button on a court decision. It keeps things the way they are while the higher court decides whether to enforce the decision. Courts can be flexible with allowing people to appeal a decision with alternative security. If someone violates an appellate stay, they can be charged with civil contempt and face fines. This makes sure everyone follows the rules and respects the higher court’s decision. This text is about rules for delaying or stopping a court decision from being enforced while it’s being appealed. It discusses different rules and procedures for doing this in the federal and Florida state court systems. It also mentions cases where these rules have been applied. These are references to legal cases and laws in Florida. Some cases are being reviewed by the Florida Supreme Court, and there are also references to federal rules for court procedures. There is also discussion of civil contempt of court and the power of the Supreme Court. Dorothy F. Easley is a highly qualified lawyer specializing in appellate law, with a focus on a variety of legal areas. She is board certified in appellate practice and has served in leadership positions within the legal community. This column is written on behalf of a section of lawyers who specialize in appellate law. The main goal of this section is to uphold principles of duty and service to the public, improve the justice system, and advance the study of law.

Source: https://www.floridabar.org/the-florida-bar-journal/appellate-stays-in-civil-cases-florida-and-federal-courts-offer-more-security-flexibility-than-believed-but-stay-violations-still-have-teeth/