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Appellate Practice - The Florida Bar

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.

THE FLORIDA BAR JOURNAL/MAY 2001 33 Appellate Stays and Bonds A judgment debtor who fails to post a bond and obtain a stay may find that a judgment

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