Florida Statutes
Fla. Stat. § 59.13 (2025)
Supersedeas on petition for certiorari.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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59.13 Supersedeas on petition for certiorari.—When it appears to the trial court that a petition for certiorari has been or is about to be applied for in an appellate court, the trial court may grant a supersedeas upon petitioner giving a good and sufficient bond, conditioned that the petition shall be duly presented to the appellate court within the time prescribed by the Florida Rules of Appellate Procedure and to pay all costs, damages, and expenses occasioned by reason of the stay of proceedings with such other and further conditions as may be fixed by the trial court in the event the order or judgment for which a review is sought is not quashed, modified or reversed.
History.—ss. 1, 7, Feb. 10, 1832; Feb. 17, 1833; Feb. 12, 1836; ss. 3, 4, ch. 521, 1852; RS 1272, 1458; s. 1, ch. 4917, 1901; GS 1701, 1909; RGS 2911, 3170; CGL 4621, 4962; s. 13, ch. 22854, 1945; ss. 3, 5, ch. 71-316.
Note.—Consolidation with former ss. 67.04 and 67.05.
Notes of Decisions
Cited in 16
cases, 1953–2016 · leading case: Luckhardt v. Pardieck, 142 So. 2d 749 (Fla. 2d DCA 1962).
Luckhardt v. Pardieck, 142 So. 2d 749 (Fla. 2d DCA 1962). “10, and Section 59.13 (6), Florida Statutes, the appellants then filed their motion in this court to review and modify the order and supersedeas bond upon the ground that the inclusion of the words “attorneys fees” in the order and bond are not proper.”
Forbes v. Moore (In re Moore), 559 B.R. 243 (Bankr. M.D. Fla. 2016). “It appears to be a cannibalization of those qualities found in Rules 59 and 60, Federal Rides of Civil Procedure-”).”
Horn v. Horn, 73 So. 2d 905 (Fla. 1954). “, and Section 59.13, F.S. 1951, F.S.A., provide that every appeal taken to this Court shall operate as a stay or supersedeas upon the conditions set forth in varying circumstances under the rule and statute.”
Wilson v. Sandstrom, 317 So. 2d 732 (Fla. 1975). “§ 59.13, which, in turn, was incorporated as Rule 5.”
In Re Wartman's Est., 128 So. 2d 600 (Fla. 1961). “Appeals from final decisions, orders, judgments or decrees shall be commenced within 60 days from the rendition of the final decision, order, judgment or decree appealed from, unless some other period of time for taking an appeal is specifically provided by statute or these…”
Larson v. Higginbotham, 66 So. 2d 40 (Fla. 1953). “Rules of Supreme Court, section 59.13, F.S.A., has filed here a motion to review, modify and discharge the requirement providing for the filing of a supersedeas bond in said cause, urging as grounds therefor: (1) that the provision for securing attorney fees, when no such fees…”
Fraternal Order of Eagles v. Proudfoot, 116 So. 2d 245 (Fla. 1959). “d to pay the amount of the award,, interests and costs payable under the-terms of the order of the full commission, if the application shall be dismissed or the order thereon shall affirm or make an award of benefits in: any amount, and upon failure of such, employer to file…”
Empress Homes, Inc. v. Levin, 201 So. 2d 475 (Fla. 4th DCA 1967). “2d 749 , held that it is improper to require such a condition in a supersedeas bond issued pursuant to F.S.A. § 59.13, which section does not mention attorneys' fees.”
Lewis v. Lewis, 66 So. 2d 260 (Fla. 1953). “He further contends that the Chancellor was not authorized to issue a so-called "Constitutional Writ" without notice or bond which writ of injunction has the effect of superseding a final decree from which an appeal has been taken, without any attempt to apply for or post…”
Green v. Green, 254 So. 2d 802 (Fla. 3d DCA 1971). “The appellant wife contends that the trial court erred in entering the order appealed, on the grounds that the intent of the conditions of the stay order was to avoid the expense of a supersedeas bond and to hold the husband’s interest in the curator’s account liable in the…”
Aetna Ins. Co. v. Buchanan, 372 So. 2d 172 (Fla. 2d DCA 1979). “310, but pursuant to Section 59.13, Florida Statutes (1977). Appellee argues that, since Rule 9.”
Carillon Hotel v. Rodriguez, 124 So. 2d 3 (Fla. 1960). “38 shall, as a condition of filing such application for a review by the full commission, file with his application for review a good and sufficient bond, as provided in § 59.13 of chapter 59, conditioned to pay the amount of the award, interests and costs payable under the terms…”
— 59.13(1) — 1 case
Luckhardt v. Pardieck, 142 So. 2d 749 (Fla. 2d DCA 1962). “10, and Section 59.13 (6), Florida Statutes, the appellants then filed their motion in this court to review and modify the order and supersedeas bond upon the ground that the inclusion of the words “attorneys fees” in the order and bond are not proper.”
— 59.13(3) — 4 cases
Larson v. Higginbotham, 66 So. 2d 40 (Fla. 1953). “Rules of Supreme Court, section 59.13, F.S.A., has filed here a motion to review, modify and discharge the requirement providing for the filing of a supersedeas bond in said cause, urging as grounds therefor: (1) that the provision for securing attorney fees, when no such fees…”
Luckhardt v. Pardieck, 142 So. 2d 749 (Fla. 2d DCA 1962). “10, and Section 59.13 (6), Florida Statutes, the appellants then filed their motion in this court to review and modify the order and supersedeas bond upon the ground that the inclusion of the words “attorneys fees” in the order and bond are not proper.”
Fid. & Deposit Co. of Maryland v. Atl. Nat'l Bank of Jacksonville, 234 So. 2d 736 (Fla. 3d DCA 1970).
Atlas Props., Inc. v. Didich, 205 So. 2d 28 (Fla. 3d DCA 1967).
— 59.13(3)(c) — 1 case
Forbes v. Moore (In re Moore), 559 B.R. 243 (Bankr. M.D. Fla. 2016). “It appears to be a cannibalization of those qualities found in Rules 59 and 60, Federal Rides of Civil Procedure-”).”
— 59.13(4) — 1 case
Luckhardt v. Pardieck, 142 So. 2d 749 (Fla. 2d DCA 1962). “10, and Section 59.13 (6), Florida Statutes, the appellants then filed their motion in this court to review and modify the order and supersedeas bond upon the ground that the inclusion of the words “attorneys fees” in the order and bond are not proper.”
— 59.13(5) — 1 case
Lewis v. Lewis, 66 So. 2d 260 (Fla. 1953). “He further contends that the Chancellor was not authorized to issue a so-called "Constitutional Writ" without notice or bond which writ of injunction has the effect of superseding a final decree from which an appeal has been taken, without any attempt to apply for or post…”
— 59.13(9) — 1 case
Florida Power & Light Co. v. Knost, 65 So. 2d 740 (Fla. 1953).
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