Appellate Practice

← Back to document page

Appellate Practice Appellate Stays and Bonds by Raymond T. (Tom) Elligett, Jr., and Judge John M. Scheb T. he purpose of an Appellate party has an obligation to pay in- stay is to maintain the terest. Rule (h) contains a status quo in the lower form: tribunal while an appeal A judgment debtor The principal is the party against proceeds. In many instances, a stay whom the judgment has been en- pending review may be essential to who fails to post tered, and the surety is the insur- effective relief on appeal. A stay is ance company that is guaranteeing not required, however, for Appellate a bond and obtain payment, if the principal does not review. pay. The party posting the bond Applications for Stays a stay may find should attach a power of attorney to the bond, showing that the per- An initial application for a stay is by motion in the trial court or the that a judgment son signing on behalf of the surety has authority to bind it to the bond.

THE FLORIDA BAR JOURNAL/MAY 2001 35 it must move the appellate court to stay issuance of its mandate. Denial of the stay is reviewable by motion

  Court, Appellate, Appellate court