Palm Beach Heights Deve. v. Decillis, 385 So. 2d 1170 (Fla. 3d DCA 1980). · Go Syfert
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Palm Beach Heights Deve. v. Decillis, 385 So. 2d 1170 (Fla. 3d DCA 1980). Cases Citing This Book View Copy Cite
15 citation events (8 in the last 25 years) across 5 distinct courts.
Strongest positive: The Waves of Hialeah, Inc. v. MacHado (fladistctapp, 2018-04-18)
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) The Waves of Hialeah, Inc. v. MacHado
Fla. Dist. Ct. App. · 2018 · confidence medium
ANALYSIS We acknowledge a conflict exists between this court and two of our sister courts on the issue of whether a trial court, in the exercise of its discretion, may reduce the amount or otherwise alter the conditions of a supersedeas bond.3 We 3 This court has held that if a judgment debtor seeks to stay execution of a money judgment pending appeal, “he may obtain a stay ‘only by the posting of the bond in the amount set forth in Rule 9.310(b).’” Mellon United Nat’l Bank v. Cochran, 776 So. 2d 964 (Fla. 3d DCA 2000) (quoting Campbell v. Jones, 648 So. 2d 208, 209 (Fla. 3d DCA 1994…
discussed Cited as authority (rule) Silver Beach Investments of Destin, LC v. Silver Beach Towers Property Owners Ass'n
Fla. · 2017 · confidence medium
Co. v. Valsecchi, 385 So.2d 749, 751 (Fla. 3d DCA 1980); Palm Beach Heights Dev. & Sales Corp. v. Decillis, 385 So.2d 1170, 1171 (Fla. 3d DCA 1980); see also PS Capital, LLC v. Palm Springs Town Homes, LLC, 9 So.3d 643, 646 (Fla. 3d DCA 2009); Begonia Corp. v. NAM Fin.
cited Cited as authority (rule) Silver Beach Towers Property etc. v. Silver Beach Investments of Destin, LC
Fla. Dist. Ct. App. · 2017 · confidence medium
Palm Beach Heights Dev. & Sales Corp. v. Decillis, 385 So. 2d 1170, 1171 (Fla. 3d DCA 1980). . . .
cited Cited as authority (rule) Chalfonte Condominium Apartment Association, Inc. v. QBE Insurance Corporation
11th Cir. · 2012 · confidence medium
Palm Beach Heights Dev. & Sales Corp. v. Decillis, 385 So.2d 1170, 1171 (Fla. 3d DCA 1980).
cited Cited as authority (rule) QBE Insurance Corp. v. Chalfonte Condominium Apartment Ass'n
Fla. · 2012 · confidence medium
Palm Beach Heights Dev. & Sales Corp. v. Decillis, 385 So.2d 1170, 1171 (Fla. 3d DCA 1980).
discussed Cited as authority (rule) United States v. O'Callaghan
M.D. Fla. · 2011 · confidence medium
Bank v. Cochran, 776 So.2d 964 (Fla. 3d DCA 2000); Jones, 648 So.2d at 209 ; Palm Beach Heights Develop, v. Decillis, 385 So.2d 1170, 1171 (Fla. 3d DCA 1980) (“[a party] is entitled to stay of the final judgment only by the posting of [a] bond [of more than the value of the judgment] and the trial court is not empowered to deprive the [judgment creditor] of the[] right to execute the judgment by ordering any *1330 lesser bond or otherwise setting less onerous conditions”).
discussed Cited as authority (rule) MELLON UNITED NATIONAL BANK v. Cochran
Fla. Dist. Ct. App. · 2000 · confidence medium
If a defendant seeks to stay execution of judgment pending the appeal, "he may obtain a stay `only by the posting of the bond in the amount set forth in Rule 9.310(b).'" Campbell v. Jones, 648 So.2d 208, 209 (Fla. 3d DCA 1994) (quoting from Palm Beach Heights Dev. & Sales Corp. v. Decillis, 385 So.2d 1170, 1171 (Fla. 3d DCA 1980)), see Finst Dev.
cited Cited as authority (rule) Campbell v. Jones
Fla. Dist. Ct. App. · 1994 · confidence medium
Palm Beach Heights Dev. & Sales Corp. v. Decillis, 385 So.2d 1170, 1171 (Fla. 3d DCA 1980).
cited Cited "see" Flushing National Bank v. F. Ronald Mastriana, P.A.
Fla. Dist. Ct. App. · 1982 · signal: see · confidence high
See Michigan National Bank-Michiana v. Baumgart, 408 So.2d 599 (Fla.2d DCA 1981) and Palm Beach Heights Development and Sales Corp. v. Decillis, 385 So.2d 1170 (Fla.3d DCA 1980).
Retrieving the full opinion text from the archive…
PALM BEACH HEIGHTS DEVELOPMENT AND SALES CORPORATION, Appellant,
v.
Anthony DECILLIS and Mary Decillis, Appellees.
80-834.
District Court of Appeal of Florida, Third District.
Jul 16, 1980.
385 So. 2d 1170
Hendry, Nesbitt and Daniel S. Pearson.
Cited by 11 opinions  |  Published

Mann, Dady, Corrigan, Baron & Zelman and Lawrence D. Winson, Miami, for appellant.

[*1171] Marc J. Postelnek, Miami Beach, for appellees.

Before HENDRY, NESBITT and DANIEL S. PEARSON, JJ.

ON MOTION FOR CLARIFICATION

PER CURIAM.

Anthony and Mary Decillis were awarded a money judgment in the amount of $6,128 against Palm Beach Heights Development and Sales Corporation (PBH). PBH appealed. Five days later the Decillises, pursuant to Rule 9.310, Florida Rules of Appellate Procedure, moved the lower court to enter an order requiring PBH to post an appeal bond. The lower court entered an Order Requiring Supersedeas Bond, which provided, inter alia:

"ORDERED AND ADJUDGED the Defendant [PBH] shall post a good and sufficient bond to indemnify Plaintiffs for their costs, interest and fees as well as the amount of the Final Judgment heretofore entered by this Court, if the appeal of the Defendant/Appellant is dismissed or the Order appealed from is affirmed, in the amount of $7,216.00."

PBH sought and we granted review of the aforesaid order. On June 30, 1980, we vacated the lower court's Order Requiring Supersedeas Bond "without prejudice to the appellant's right to procure stay pending review at any time throughout the pendency of the appeal by complying with the provisions of Florida Rule of Appellate Procedure 9.310(b)(1)." At PBH's request, we now clarify that order.

We vacated the lower court's order for the reason that it required the appellant to post a bond pending appeal. A trial court cannot impose such a requirement upon an appellant. A party can appeal a money judgment without posting a supersedeas bond, and the opposing party has the concomitant right to seek execution upon the judgment. Fitzgerald v. Addison, 287 So.2d 151 (Fla.2d DCA 1973). On the other hand, should the appellant desire a stay pending our review, such a stay is automatic, without the necessity of a motion or order, on its posting of a good and sufficient bond equal to the amount of the judgment, plus fifteen per cent thereof. Fla.R.App.P. 9.310(b).

PBH asserts that it has a right to obtain a stay under Rule 9.310(a) without posting a bond or by posting less of a bond than Rule 9.310(b) requires, and that our order is too limiting. We disagree. PBH is entitled to a stay of the final judgment only by the posting of the bond in the amount set forth in Rule 9.310(b), and the trial court is not empowered to deprive the Decillises of their right to execute on the judgment by ordering any lesser bond or otherwise setting less onerous conditions. Barnett v. Barnett Bank of Jacksonville, N.A., 338 So.2d 888 (Fla.1st DCA 1976); Jenkins Trucking, Inc. v. Emmons, 207 So.2d 280 (Fla.3d DCA 1968).

Our order of June 30, 1980, as clarified, stands.