Execution of Judgment

Stay Pending Appeal
If a defendant seeks to stay execution of judgment pending the appeal, “he may obtain a stay ‘only by the posting of the bond in the amount set forth in Rule Rule::9.310(b).’” Campbell v. Jones, Case::648 So.2d 208, 209 (Fla. 3d DCA 1994) (quoting Palm Beach Heights Dev. & Sales Corp. v. Decillis, Case::385 So.2d 1170, 1171 (Fla. 3d DCA 1980)), see ''Finst Dev. Inc. v. Bemaor, Case::449 So.2d 290, 291 (Fla. 3d DCA 1983) (appellant entitled to stay of judgment for attorney's fees and costs only by posting good and sufficient bond as required by rule 9.310(b)(1)), see also DuBreuil v. Regnvall, Case::527 So.2d 249 (Fla. 3d DCA 1988); Murphy v. Murphy'', Case::378 So.2d 27 (Fla. 3d DCA 1979). Mellon United National Bank v. Cochran, Case::776 So.2d 964 (Fla. 3d DCA 2000).

Other courts have held that although a bond in the amount required for an automatic stay under rule 9.310(b)(1) may, as a general rule, be the appropriate condition for a stay of execution, rule 9.130(a) provides the procedure by which a party may move a trial court for a discretionary stay of a final or nonfinal order pending appellate review. "The trial court, in its discretion, may grant or deny a motion for stay, and a stay “may be conditioned on the posting of a good and sufficient bond, other conditions, or both.” Rule 9.310(b)(1) states that if the order sought to be stayed is solely a money judgment, a party need not file a motion pursuant to rule 9.310(a) to obtain an order staying execution but may obtain an automatic stay of execution upon posting the requisite bond." Platt v. Russek, Case::921 So.2d 5, 7-8 (Fla. 2d DCA 2004).