In the State of Florida your request for an appellate stay MUST be submitted with a Florida supersedeas bond. In many cases a stay pending review may be absolutely essential to effective relief on appeal. While xecutions on money judgments are automatically stayed for ten days for post trial motions, filing for an appeal does NOT automatically stay an execution on a final money judgment. Florida Rule 9.310(b)(1) provides that money judgments are automatically stayed upon the posting of a Florida supersedeas bond in the amount of the judgment plus twice the yearly statutory interest rate. While a ready of Rule 9.310(b)’s wording might lead you to believe that you may obtain a stay by a motion OR bond, Rule 9.310(b)(1) makes it very clear that a money judgment may be stayed only by posting a Florida appeal bond (supersedeas) in the statutory amount. The trial court has NO discretion to grant a stay of a monetary judgment by motion, or to modify the bond requirement.
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