What Is a Stay of Execution?
A stay of execution is a court order that temporarily halts enforcement of a judgment. While the stay is in place, the prevailing party cannot collect — no garnishing wages, levying on assets, or recording and executing on the judgment. A stay does not erase the judgment; it pauses the winner's ability to enforce it, most often while the losing party appeals.
Stays Pending Appeal in Florida
Under Florida Rule of Appellate Procedure 9.310, a party that has lost a money judgment can obtain an automatic stay by posting a supersedeas bond — security, typically the judgment amount plus two years of statutory interest, that protects the winner if the appeal fails. For non-money judgments and other situations, the party must move the trial court for a stay, and the court has discretion to set conditions.
Why Stays Matter
- They preserve the status quo so an appeal is not rendered meaningless by immediate collection
- They protect the judgment creditor through the bond requirement
- They give the losing party time to seek relief without losing assets first
Related Terms
- Judgment — The order whose enforcement is stayed
- Appeal — The proceeding a stay usually accompanies
- Writ of Execution — The enforcement tool a stay halts
Barnes Walker Litigation
Barnes Walker's litigation attorneys obtain and contest stays of execution, post and challenge supersedeas bonds, and handle judgment enforcement in Florida's trial and appellate courts. Request a legal inquiry for assistance.
Florida Law Reference
Fla. R. App. P. 9.310
Governs stays pending review, including the automatic stay available on a money judgment by posting a supersedeas bond and the procedure to move for a discretionary stay.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC