Trial Court Should Have Released Disputed Property in Storage – Wells v. Redmont

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This appeal arises out of a dispute over the construction and manufacture of a custom skylight.  The purchaser refused to pay the full amount due and the manufacturer refused to turn over possession of the completed skylight.  Suit was filed over the dispute and the manufacturer prevailed in the lawsuit.  The purchaser appealed and posted a supersedeas bond by depositing funds with the clerk of court.  Having posted the bond, the purchaser sought to have the skylight released.

The Fifth DCA reiterated that:

A party seeking to stay execution of a final or non-final order on appeal must file a motion in the lower court, which may require the posting of a good and sufficient bond, i.e., a supersedeas or appeal bond. Fla. R. App. P. 9.310(a). If the party is seeking a stay from execution of solely a money judgment, no motion is necessary; the posting of a good and sufficient bond equal to the principal amount of the judgment plus twice the annual statutory interest rate will stay execution. Fla. R. App. P. 9.310(b)(1). A “good and sufficient bond” is either a bond with a principal and a surety or “cash deposited in the circuit court clerk’s office.” Fla. R. App. P. 9.310(c)(1) (emphasis added). The trial court has continuing jurisdiction to determine the sufficiency of a bond under the rule. Fla. R. App. P. 9.310(c)(1).

Once a good and sufficient bond was posted, there was no justification for the manufacturer to continue to hold the skylight.  The trail court should have required that the skylight be transferred to the purchaser upon posting of the bond.

Wells v. Redmont, 37 Fla. L. Weekly D1191b (Fla. 5th DCA May 18, 2012)

 

Published In: Civil Procedure Updates, Civil Remedies Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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