Florida Statute 59.13 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 59
APPELLATE PROCEEDINGS

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F.S. 59.13

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.

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Amendments to 59.13

Arrestable Offenses / Crimes under Fla. Stat. 59.13

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 59.13.

Annotations, Discussions, Cases:

Cases Citing Statute 59.13

Total Results: 20

Aetna Insurance Co. v. Buchanan

Court: District Court of Appeal of Florida | Date Filed: 1979-06-13

Citation: 372 So. 2d 172, 1979 Fla. App. LEXIS 14842

Snippet: pursuant to Rule 9.310, but pursuant to Section 59.13, Florida Statutes (1977). Appellee argues that,

Wilson v. Sandstrom

Court: Supreme Court of Florida | Date Filed: 1975-07-21

Citation: 317 So. 2d 732

Snippet: court. This statute was incorporated in F.S. § 59.13, which, in turn, was incorporated as Rule 5.1, Florida

Green v. Green

Court: District Court of Appeal of Florida | Date Filed: 1971-11-09

Citation: 254 So. 2d 802, 1971 Fla. App. LEXIS 5788

Snippet: of the Florida Appellate Rules, 32 F.S.A. and § 59.13, Fla.Stat., F.S.A. Appellant argues that Price v

Fidelity & Deposit Co. of Maryland v. Atlantic National Bank of Jacksonville

Court: District Court of Appeal of Florida | Date Filed: 1970-04-28

Citation: 234 So. 2d 736, 1970 Fla. App. LEXIS 6563

Snippet: bond to be exacted is to pay same. See Section 59.13(3), F.S.1941, F.S.A.” See also Larson v. Higginbotham

Atlas Properties, Inc. v. Didich

Court: District Court of Appeal of Florida | Date Filed: 1967-12-12

Citation: 205 So. 2d 28, 1967 Fla. App. LEXIS 4193

Snippet: interest and costs, citing rule 5.7 F.A.R., and § 59.13 Fla.Stat., F.S.A. The appellant argues that it was

Empress Homes, Inc. v. Levin

Court: District Court of Appeal of Florida | Date Filed: 1967-07-26

Citation: 201 So. 2d 475

Snippet: a supersedeas bond issued pursuant to F.S.A. § 59.13, which section does not mention attorneys' fees

Stephens v. Winn-Dixie Stores, Inc.

Court: Supreme Court of Florida | Date Filed: 1967-05-31

Citation: 201 So. 2d 731

Snippet: intent expressed by the 1959 Legislature in ch. 59-13, Laws of 1959, which became Sec. 440.15(5) (d) (5)

Valley Forge Life Insurance v. Lawrence

Court: District Court of Appeal of Florida | Date Filed: 1967-03-21

Citation: 196 So. 2d 759, 1967 Fla. App. LEXIS 5061

Snippet: the Golden Cross v. Overton, 203 Ala. 335, 83 So. 59, 13 A.L.R. 672 (1919); see other cases cited at 23

American Casualty Co. of Reading, Pennsylvania v. Pan American Bank of Miami

Court: District Court of Appeal of Florida | Date Filed: 1963-09-11

Citation: 156 So. 2d 27

Snippet: Rule 5.7, Florida *30Appellate Rules, and Sec. 59.13(3), Fla. Stat.1961, 'F.S.A., which section reads

Luckhardt v. Pardieck

Court: District Court of Appeal of Florida | Date Filed: 1962-06-13

Citation: 142 So. 2d 749, 1962 Fla. App. LEXIS 2985

Snippet: Florida Appellate Rule 5.5, 31 F.S.A., and Section 59.13(1), Florida Statutes, F. S.A. After hearing, the

In Re Wartman's Estate

Court: Supreme Court of Florida | Date Filed: 1961-03-22

Citation: 128 So. 2d 600

Snippet: Rules 5.1, F.A.R. through 5.11, F.A.R. and Section 59.13, Florida Statutes (1959), F.S.A. [12] "* * * If

Carillon Hotel v. Rodriguez

Court: Supreme Court of Florida | Date Filed: 1960-10-21

Citation: 124 So. 2d 3

Snippet: review a good and sufficient bond, as provided in § 59.13 of chapter 59, conditioned to pay the amount of

Fraternal Order of Eagles v. Proudfoot

Court: Supreme Court of Florida | Date Filed: 1959-12-04

Citation: 116 So. 2d 245

Snippet: review a good and sufficient bond, as provided in § 59.13 of chapter 59, conditioned to pay the amount of

Star Employment Service, Inc. v. Florida Industrial Commission

Court: District Court of Appeal of Florida | Date Filed: 1959-05-27

Citation: 112 So. 2d 85, 1959 Fla. App. LEXIS 3755

Snippet: PER CURIAM. Appeal dismissed.

Griffith v. Vecchiarelli

Court: Supreme Court of Florida | Date Filed: 1957-10-23

Citation: 97 So. 2d 691

Snippet: review a good and sufficient bond, as provided in § 59.13 of chapter 59, conditioned to pay the amount of

Horn v. Horn

Court: Supreme Court of Florida | Date Filed: 1954-07-06

Citation: 73 So. 2d 905, 1954 Fla. LEXIS 1766

Snippet: Rule 35 of this Court, 30 F.S.A., and Section 59.13, F.S. 1951, F.S.A., provide that every appeal taken

Wilson v. McCoy Mfg. Co.

Court: Supreme Court of Florida | Date Filed: 1954-01-08

Citation: 69 So. 2d 659, 1954 Fla. LEXIS 1209

Snippet: supersedeas is obtained, Supreme Court Rule 35(f), Sec. 59.13(7), Florida Statutes 1951, and F.S.A., and Sec.

Lewis v. Lewis

Court: Supreme Court of Florida | Date Filed: 1953-07-17

Citation: 66 So. 2d 260, 1953 Fla. LEXIS 1405

Snippet: or post supersedeas bond as provided by Section 59.13(5), F.S.A. We have no difficulty in determining

Larson v. Higginbotham

Court: Supreme Court of Florida | Date Filed: 1953-06-23

Citation: 66 So. 2d 40, 1953 Fla. LEXIS 1368

Snippet: 35(e), 30 F.S.A. Rules of Supreme Court, section 59.13, F.S.A., has filed here a motion to review, modify

Florida Power & Light Co. v. Knost

Court: Supreme Court of Florida | Date Filed: 1953-04-17

Citation: 65 So. 2d 740, 1953 Fla. LEXIS 1328

Snippet: supersedeas filed in this Court was authorized by F.S. § 59.13(9), F.S.A. Petitioner represented that a petition