Barnett v. Barnett Bank of Jacksonville, N.A., 338 So. 2d 888 (Fla. 1st DCA 1976). · Go Syfert
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Barnett v. Barnett Bank of Jacksonville, N.A., 338 So. 2d 888 (Fla. 1st DCA 1976). Cases Citing This Book View Copy Cite
7 citation events (4 in the last 25 years) across 2 distinct courts.
Strongest positive: Charter Schools USA, Inc. v. John Doe No. 93 (fladistctapp, 2014-11-12)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) Charter Schools USA, Inc. v. John Doe No. 93
Fla. Dist. Ct. App. · 2014 · confidence medium
P. 1.550(b) has been described as a vehicle for protecting a judgment debtor ‘briefly while he perfects his appeal and obtains supersedeas. ’ Barnett v. Barnett Bank of Jacksonville, N.A., 338 So.2d 888, 889 (Fla. 1st DCA 1976) (emphasis added).
discussed Cited as authority (rule) United States v. O'Callaghan
M.D. Fla. · 2011 · confidence medium
When arguing whether state law requires a stay (if Rule 62(f) applies), the parties both invoke the wrong law, Rule 1.550(b), Florida Rules of Civil Procedure, which is “a vehicle for protecting a judgment debtor briefly while he perfects his appeal and obtains supersedeas.” Campbell v. Jones, 648 So.2d 208 , 209 n. 1 (Fla. 3d DCA 1994) (quoting Barnett v. Barnett Bank of Jacksonville, N.A., 338 So.2d 888, 889 (Fla. 1st DCA 1976)).
discussed Cited as authority (rule) Campbell v. Jones
Fla. Dist. Ct. App. · 1994 · confidence medium
NOTES [1] We note that Fla.R.Civ.P. 1.550(b) has been described as a vehicle for protecting a judgment debtor "briefly while he perfects his appeal and obtains supersedeas." Barnett v. Barnett Bank of Jacksonville, N.A., 338 So.2d 888, 889 (Fla. 1st DCA 1976) (emphasis added).
cited Cited "see" Murphy v. Murphy
Fla. Dist. Ct. App. · 1979 · signal: see · confidence high
See Barnett v. Barnett Bank of Jacksonville, N.A., 338 So.2d 888 (Fla. 1st DCA 1976).
Retrieving the full opinion text from the archive…
Arnold I. BARNETT and Alexander P. Rosin
v.
BARNETT BANK OF JACKSONVILLE, N.A., a National Banking Association
No. CC-432.
District Court of Appeal of Florida, First District.
Oct 27, 1976.
338 So. 2d 888
Adam G. Adams, II, of Adams & Adams, Jacksonville, for appellants., James A. Bledsoe, Jr., of Mahoney, Had-low & Adams, and Barry L. Zisser, of Zisser & Robison, Jacksonville, for appellee.
Boyer, Mills, Smith.
Cited by 6 opinions  |  Published

ON MOTION TO REVIEW STAY ORDER

SMITH, Judge.

The trial court entered a money judgment for appellee but granted appellants’ motion pursuant to Rule 1.550(b), R.C.P., to stay execution “for good cause” during the appeal. The court recited that the central issue is without controlling Florida precedent, that the issue “is of sufficient importance that it should be finally determined by the Appellate Court” and consequently that there is good cause to stay execution pending the appeal. The trial court enjoined appellants from disposing of their property. The main appeal to this court is pending at an early stage.

The appellee judgment creditor seeks review of the trial court’s stay order under Rule 5.10, F.A.R. We believe appellee’s[*889] position is correct. It is true that Rule 1.550(b), R.C.P., may be utilized to protect a judgment debtor briefly while he perfects his appeal and obtains supersedeas. Chapman v. Rose, 295 So.2d 667 (Fla.App. 2d, 1974). But Rule 5.2, F.A.R., provides for supersedeas of a judgment for the recovery of money not secured only by filing a super-sedeas bond conditioned as required by Rule 5.7. Even in a case such as this, in which the trial court obviously considered the central issue fairly debatable, the Rules of Civil Procedure should not be given effect to nullify the benefits to appellee of a su-persedeas bond required by the Florida Appellate Rules. Jenkins Trucking, Inc. v. Emmons, 207 So.2d 280 (Fla.App. 3d, 1968), cert. den., 210 So.2d 867 (Fla.1968).

The order staying execution is vacated.

BOYER, C. J., and MILLS, J., concur.