Appeal Bonds in Florida
An appeal bond (supersedeas bond) is a financial instrument posted by a Florida appellant to suspend enforcement of a trial court judgment during the appellate process. The bond protects the appellee's right to collect if the judgment is affirmed on appeal.
Bond Requirements
Under Florida Rule of Appellate Procedure 9.310, an appeal bond for a money judgment must equal the principal amount of the judgment plus two years of interest at the applicable statutory rate. For a $1 million judgment, the bond could exceed $1.1 million. Florida Statute Section 45.045 caps the bond at $50 million per appellant, providing relief in cases involving catastrophic verdicts.
Obtaining and Posting the Bond
Florida appellants obtain appeal bonds from surety companies licensed in the state. The surety evaluates the appellant's creditworthiness, collateral, and the merits of the appeal before issuing the bond. The premium is typically 1-3% of the bond amount annually. Once posted with the trial court clerk, the bond stays enforcement of the judgment, preventing the appellee from garnishing accounts, levying on property, or taking other collection action during the appeal.
Related Terms
Barnes Walker Litigation
Barnes Walker handles appellate proceedings and appeal bond matters for clients throughout Southwest Florida. Contact us for appellate guidance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC