What Is a Supersedeas Bond?
A supersedeas bond — often called an appeal bond — is security a party posts to stay (suspend) enforcement of a judgment while it appeals. By posting the bond, the losing party prevents the winner from collecting during the appeal, while assuring the winner that the judgment will be paid if the appeal fails. "Supersedeas" comes from the Latin for "you shall desist."
How It Works in Florida
Under Florida Rule of Appellate Procedure 9.310, posting a supersedeas bond on a money judgment generally entitles the appellant to an automatic stay. The bond amount is typically the principal amount of the judgment plus two years of statutory interest. For non-money judgments, a party must instead move for a discretionary stay, which the court may grant on conditions.
Why It Matters
- It preserves the status quo so the appeal is not rendered pointless by immediate collection
- It protects the judgment creditor by guaranteeing payment if the appeal loses
- The cost and availability of the bond can affect a party's decision to appeal
Related Terms
- Stay of Execution — What the bond accomplishes
- Appeal — The proceeding the bond accompanies
- Judgment — What is secured by the bond
Barnes Walker Litigation
Barnes Walker's litigation attorneys handle appeals, stays, and supersedeas bonds in Florida's trial and appellate courts. Request a legal inquiry for assistance.
Florida Law Reference
Fla. R. App. P. 9.310
Provides for stays pending review, including an automatic stay on a money judgment when the appellant posts a supersedeas bond, generally set at the judgment plus two years of statutory interest.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC