Sunset Commercial Bank v. Pyramids Development Corp.

District Court of Appeal of Florida

Sunset Commercial Bank v. Pyramids Development Corp.

556 So. 2d 748, 14 Fla. L. Weekly 1371, 1989 Fla. App. LEXIS 3146, 1989 WL 59564

CourtDistrict Court of Appeal of Florida

DecidedJune 6, 1989

DocketNo. 89-35

StatusPublished

This text of 556 So. 2d 748 (Sunset Commercial Bank v. Pyramids Development Corp.) 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.

Bluebook

Sunset Commercial Bank v. Pyramids Development Corp., 556 So. 2d 748, 14 Fla. L. Weekly 1371, 1989 Fla. App. LEXIS 3146, 1989 WL 59564 (Fla. Ct. App. 1989).

Pincite

Opinion

PER CURIAM.

We are unable to concur in appellant’s construction of the supersedeas bond and instead agree with the interpretation given by the trial court. On this record, this bond was intended to encompass appellate review by any appropriate means, including the petition for certiorari filed by appellant.¹ If we accept appellant’s invitation to read the terms of the bond in a strictly technical sense, then appellant breached its obligations when it sought review of the trial court’s May 5, 1988 order by certiorari rather than by appeal.² Under either approach, appellees prevail.

Affirmed.

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PER CURIAM.

We are unable to concur in appellant’s construction of the supersedeas bond and instead agree with the interpretation given by the trial court. On this record, this bond was intended to encompass appellate review by any appropriate means, including the petition for certiorari filed by appellant.¹ If we accept appellant’s invitation to read the terms of the bond in a strictly technical sense, then appellant breached its obligations when it sought review of the trial court’s May 5, 1988 order by certiorari rather than by appeal.² Under either approach, appellees prevail.

Affirmed.

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Bluebook (online)

556 So. 2d 748, 14 Fla. L. Weekly 1371, 1989 Fla. App. LEXIS 3146, 1989 WL 59564, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sunset-commercial-bank-v-pyramids-development-corp-fladistctapp-1989.