Cohn v. Reiss

District Court of Appeal of Florida

Cohn v. Reiss

615 So. 2d 173, 1993 Fla. App. LEXIS 1255, 1993 WL 20455

CourtDistrict Court of Appeal of Florida

DecidedFebruary 3, 1993

DocketNo. 92-3129

StatusPublished

Cited by1 cases

This text of 615 So. 2d 173 (Cohn v. Reiss) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Cohn v. Reiss, 615 So. 2d 173, 1993 Fla. App. LEXIS 1255, 1993 WL 20455 (Fla. Ct. App. 1993).

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Opinion

ON MOTION TO REVIEW SUPERSEDEAS BOND

PER CURIAM.

Reversed. In this appeal from an order in proceedings supplementary, the appellant requested a “Motion to Stay and Su-persedeas Bond.” The trial court granted a “stay of execution” upon the filing of a supersedeas bond in the amount of $10,-000.00. The order on appeal subjected defendants’ property to levy for a domesticated judgment in excess of $500,000. The evidence indicates that the judgment debt- or’s equity in the properties amounts to several hundreds of thousands of dollars. The bond does not cover this value, nor were any conditions set to assure the preservation of the properties’ value pending appeal. The purpose of setting a superse-deas bond is to protect the party in whose favor judgment was entered in the event the judgment is affirmed on appeal. Pabian v. Pabian, 469 So.2d 189, 191 (Fla. 4th DCA 1985). We reverse and remand for further proceedings as the bond set is patently inadequate. Pablan.

GLICKSTEIN, C.J., WARNER, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.

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ON MOTION TO REVIEW SUPERSEDEAS BOND

PER CURIAM.

Reversed. In this appeal from an order in proceedings supplementary, the appellant requested a “Motion to Stay and Su-persedeas Bond.” The trial court granted a “stay of execution” upon the filing of a supersedeas bond in the amount of $10,-000.00. The order on appeal subjected defendants’ property to levy for a domesticated judgment in excess of $500,000. The evidence indicates that the judgment debt- or’s equity in the properties amounts to several hundreds of thousands of dollars. The bond does not cover this value, nor were any conditions set to assure the preservation of the properties’ value pending appeal. The purpose of setting a superse-deas bond is to protect the party in whose favor judgment was entered in the event the judgment is affirmed on appeal. Pabian v. Pabian, 469 So.2d 189, 191 (Fla. 4th DCA 1985). We reverse and remand for further proceedings as the bond set is patently inadequate. Pablan.

GLICKSTEIN, C.J., WARNER, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.

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615 So. 2d 173, 1993 Fla. App. LEXIS 1255, 1993 WL 20455, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cohn-v-reiss-fladistctapp-1993.

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