Florida Statute 45.045 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 45
CIVIL PROCEDURE: GENERAL PROVISIONS

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F.S. 45.045

45.045 Limitations on supersedeas bond; exception.—

(1) Except for certified class actions subject to s. 768.733, in any civil action brought under any legal theory, the amount of a supersedeas bond necessary to obtain an automatic stay of execution of a judgment granting any type of relief during the entire course of all appeals or discretionary reviews, may not exceed $50 million for each appellant, regardless of the amount of the judgment appealed. The $50 million amount shall be adjusted annually to reflect changes in the Consumer Price Index compiled by the United States Department of Labor.

(2) In any civil action brought under any legal theory, a party seeking a stay of execution of a judgment pending review of any amount may move the court to reduce the amount of a supersedeas bond required to obtain such a stay. The court, in the interest of justice and for good cause shown, may reduce the supersedeas bond or may set other conditions for the stay with or without a bond. The court may not reduce the supersedeas bond if the appellant has an insurance or indemnification policy applicable to the case. This subsection does not apply to certified class actions subject to s. 768.733.

(3) If an appellant has posted a supersedeas bond for an amount less than that which would be required for an automatic stay pursuant to Rule 9.310(b)(1), Florida Rules of Appellate Procedure, the appellee may engage in discovery for the limited purpose of determining whether the appellant has dissipated or diverted assets outside the course of its ordinary business or is in the process of doing so.

(4) If the trial or appellate court determines that an appellant has dissipated or diverted assets outside the course of its ordinary business or is in the process of doing so, the court may enter orders necessary to protect the appellee, require the appellant to post a supersedeas bond in an amount up to, but not more than, the amount that would be required for an automatic stay pursuant to Rule 9.310(b)(1), Florida Rules of Appellate Procedure, and impose other remedies and sanctions as the court deems appropriate.

History.—s. 1, ch. 2006-280.

F.S. 45.045 on Google Scholar

F.S. 45.045 on Casetext

Amendments to 45.045

Arrestable Offenses / Crimes under Fla. Stat. 45.045

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 45.045.

Annotations, Discussions, Cases:

Cases Citing Statute 45.045

Total Results: 20

Sherrie Clements v. Club Space Management, LLC, d/b/a Club Space

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-24T00:00:00-08:00

Snippet: sanctions. See, e.g., Fernandez v. Arocha, 308 So. 2d 45, 45 (Fla. 3d DCA 1975). Ms. Clements offers conclusory

In Re: Amendments to Florida Rules of General Practice and Judicial Administration 2.420 and 2.533

Court: Fla. | Date Filed: 2023-06-08T00:00:00-07:00

Snippet: order in accordance with subdivision (e)(45). (45) Except as provided by law or court rule

In Re: Amendments to Florida Rules of General Practice and Judicial Administration 2.420 and 2.533

Court: Fla. | Date Filed: 2023-05-11T00:53:00-07:00

Snippet: order in accordance with subdivision (e)(45). (45) Except as provided by law or court rule

MICHAEL FRANK LAPACE v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-10-17T00:53:00-07:00

Snippet: " See, e.g., Michigan v. Fisher, 558 U.S. 45, 45-56 (2009) (holding that exigent circumstances

The Waves of Hialeah, Inc. v. MacHado

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-18T00:53:00-07:00

Snippet: because in 2006, the Legislature enacted section 45.045, Florida Statutes (2006), which supplements rule…the conditions, of a supersedeas bond. Section 45.045 provides: (1) Except for certified class…by the Legislature’s 2006 enactment of section 45.045(2),4 which authorizes a trial court to, under …indemnification policy applicable to the case.” § 45.045(2), Fla. Stat. The Waves has acknowledged that

Portillo v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-02-22T00:00:00-08:00

Citation: 211 So. 3d 1135, 2017 WL 697729, 2017 Fla. App. LEXIS 2348

Snippet: trial. . Ala. Code § 12-21-203; Alaska Stat. § 12.45.045; Ark. Code Ann. § 16-42-101; Cal. Evid. Code §

Peterson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-06-10T00:00:00-07:00

Citation: 193 So. 3d 1034, 2016 WL 3199418, 2016 Fla. App. LEXIS 8912

Snippet: nonhomicide offenders. See Floyd v. State, 87 So.3d 45, 45-46 (Fla. 1st DCA 2012) (reversing consecutive forty-year

Floyd W. Peterson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-06-06T00:53:00-07:00

Snippet: nonhomicide offenders. See Floyd v. State, 87 So. 3d 45, 45–46 (Fla. 1st DCA 2012) (reversing consecutive forty-year

K.S. v. Florida Department of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 2014-05-12T00:00:00-07:00

Citation: 136 So. 3d 1289

Snippet: contrary to the law. See Monteiro v. State, 477 So.2d 45, 45-46 (Fla. 3d DCA 1985) (holding that “consent to

Aventura Management, LLC v. Spiaggia Ocean Condominium Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 2013-01-23T00:00:00-08:00

Citation: 105 So. 3d 637, 2013 WL 238222, 2013 Fla. App. LEXIS 956

Snippet: constitutional provisions); Goode v. State, 50 Fla. 45, 45, 39 So. 461, 463 (1905) (statutes). A corollary

Florida Department of Children & Families v. Y.C.

Court: Fla. Dist. Ct. App. | Date Filed: 2012-03-07T00:00:00-08:00

Citation: 82 So. 3d 1139

Snippet: court explained in Monteiro v. State, 477 So.2d 45, 45-6 (Fla. 3d DCA 1985): The consent to dependency

R.J. Reynolds Tobacco Co. v. Hall

Court: Fla. Dist. Ct. App. | Date Filed: 2011-07-12T00:00:00-07:00

Citation: 67 So. 3d 1084

Snippet: challenge to the $50 million bond cap in section 45.045, Florida Statutes. See 998 So.2d at 2. The court

Peterson v. Affordable Homes of Palm Beach, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2011-06-29T00:00:00-07:00

Citation: 65 So. 3d 112

Snippet: Servs., Inc. v. Roberts Cafeteria, Inc., 422 So.2d 45, 45 (Fla. 2d DCA 1982). See also Millennium Group I

BDO Seidman, LLP v. Banco Espirito Santo International, Ltd.

Court: Fla. Dist. Ct. App. | Date Filed: 2009-08-12T00:00:00-07:00

Citation: 26 So. 3d 1

Snippet: of doing so." § 45.045(3), Fla. Stat. (2009). *5 Of course, section 45.045(3) should not be read…Section 45.045(3) neither nullifies the protection provided by compliance with section 45.045(1) nor conflicts…comply with post-judgment discovery under section 45.045(3) of the Florida Statutes. On cross motion, BDO…court below misinterpreted both BDO I and section 45.045(3) in issuing a blanket denial of Banco Espirito… with interpretation and application of section 45.045, the statute pursuant to which BDO posted a $50

BDO Seidman v. BANCO ESPIRITO SANTO INTERNATIONAL, LTD.

Court: Fla. Dist. Ct. App. | Date Filed: 2008-04-16T00:53:00-07:00

Citation: 998 So. 2d 1

Snippet: bond to stay execution as authorized by section 45.045 of the Florida Statutes: (1) Except for certified…compiled by the United States Department of Labor. § 45.045(1), Fla. Stat. (2007) (Ch. 2006-280, § 1, Laws …emphasis added). We agree with BDO that section 45.045 should have been applied in this case to preclude… Here, that modification came by way of section 45.045. It is true that if the procedural elements of …. 1st DCA 1999). However we do not view section 45.045 as an intrusion into the practice and procedure

Mortgage Electronic Registration v. Azize

Court: Fla. Dist. Ct. App. | Date Filed: 2007-02-21T00:00:00-08:00

Citation: 965 So. 2d 151

Snippet: Philogene v. ABN Amro Mortgage Group, Inc., 948 So.2d 45, 45 (Fla. 4th DCA 2006) ("[W]e conclude that ABN

Amendments to the Florida Rules of Juvenile Procedure

Court: Fla. | Date Filed: 2005-01-27T00:00:00-08:00

Citation: 894 So. 2d 875, 30 Fla. L. Weekly Supp. 59, 2005 Fla. LEXIS 92, 2005 WL 170713

Snippet: adjudicatory hearing. See Monteiro v. State, 477 So.2d 45, 45-46 (Fla. 3d DCA 1985) (finding that where one of

Amendments to the Florida Family Law Rules

Court: Fla. | Date Filed: 1998-02-25T23:53:00-08:00

Citation: 713 So. 2d 1

Snippet: 44. _________ 45. ________________________________________________________________ 45. _________ 46

Stevens v. Lee County

Court: Fla. Dist. Ct. App. | Date Filed: 1997-06-27T00:00:00-07:00

Citation: 695 So. 2d 934, 1997 Fla. App. LEXIS 7251, 1997 WL 356525

Snippet: amount 8th $75/$75 None 9th $50/$50 None 10th $45/$45 None 11th $80/$80 $800 per diem maximum per trial

The Florida Bar v. Davis

Court: Fla. | Date Filed: 1995-06-01T00:53:00-07:00

Citation: 657 So. 2d 1135

Snippet: entered against Davis for costs in the amount of $5,045.45, for which sum let execution issue. It is so ordered