Stays Pending Appeal in Florida: Rule 9.310 and Supersedeas Bonds

Winning the right to appeal does not stop the other side from collecting. In Florida, a judgment is enforceable the moment it is rendered, and filing a notice of appeal does not automatically pause execution, garnishment, or the enforcement of an injunction. If you have just lost a case in Miami-Dade Circuit Court and intend to appeal to the Third District Court of Appeal, the single most urgent question after the appeal deadline itself is usually this: how do I stop the judgment from being enforced while the appeal is pending?

The answer lies in Florida Rule of Appellate Procedure 9.310, which governs stays pending review, and (for money judgments) the supersedeas bond, the financial security that converts a discretionary request into a stay as a matter of right. This page explains how the rule works, how the bond amount is calculated, what happens with non-money judgments, and the concrete steps a Miami litigant must take, with worked examples.

The Default Rule: No Automatic Stay

Rule 9.310(a) sets the baseline: except as provided by general law or by the rule itself, a party seeking to stay a final or nonfinal order pending review must file a motion in the lower tribunal, which has continuing jurisdiction, in its discretion, to grant, modify, or deny such relief. Three points in that sentence deserve emphasis:

• No automatic stay. Unless you fall within one of the exceptions in Rule 9.310(b), filing an appeal changes nothing about enforceability. The judgment creditor can record a certified copy of the judgment, obtain writs of execution and garnishment, and levy on bank accounts and property in Miami-Dade County while your appeal sits fully briefed at the Third District.
• You start in the trial court, not the appellate court. The motion for stay is filed in the lower tribunal (in most Miami cases, the Eleventh Judicial Circuit or Miami-Dade County Court) even though the case is on appeal. The trial court retains jurisdiction over stay issues throughout the appeal.
• Relief is discretionary: except for money judgments and appeals by public bodies, where the rule creates entitlements described below.

Because the trial court rules first, the timing interplay with your appellate deadlines matters. The notice of appeal from a final judgment must be filed within 30 days of rendition under Rule 9.110(b), but a stay motion can (and often should) be filed even earlier, sometimes simultaneously with the notice of appeal, because collection efforts can begin immediately.

Money Judgments: The Stay as of Right Under Rule 9.310(b)(1)

Rule 9.310(b)(1) creates the most important exception to trial-court discretion. When the order to be reviewed is solely a judgment for the payment of money, a party may obtain an automatic stay of execution pending review, without the necessity of a motion or order, by posting a good and sufficient bond equal to:

The principal amount of the judgment that remains unsatisfied, plus twice the statutory rate of interest on judgments on the total amount on which the party has an obligation to pay interest.

In practical terms, the bond covers the judgment plus two years of post-judgment interest. The statutory interest rate is not fixed in the rule; it is set quarterly by Florida's Chief Financial Officer under section 55.03, Florida Statutes, and the applicable rate should be confirmed for the quarter in which the bond is posted.

Worked Example: Calculating the Bond

Suppose a Miami-Dade Circuit Court jury returns a verdict and the court enters a final money judgment of $1,500,000 against your company. Assume, for illustration, that the statutory judgment interest rate for the current quarter is 9% per annum. The supersedeas bond calculation is:

• Unsatisfied principal: $1,500,000
• Two years of statutory interest: 2 × 9% × $1,500,000 = $270,000
• Required bond amount: $1,770,000

Once a bond in that amount is posted with the Miami-Dade Clerk of Court, execution is stayed automatically. No hearing is needed, no judicial discretion is involved, and the judgment creditor cannot levy while the bond remains in place. If the judgment has been partially satisfied (say, $500,000 was garnished before the bond was posted), the bond is calculated on the remaining $1,000,000 principal plus two years of interest on the amount still accruing interest.

What Counts as "Solely" a Money Judgment

The automatic-bond mechanism applies only where the judgment is solely for the payment of money. If the judgment combines a money award with injunctive relief, declaratory relief, or the transfer of specific property, the automatic stay provision does not cover the non-monetary components; those require a discretionary stay motion. A common Miami example is a final judgment of foreclosure: although it involves money, it directs the sale of real property and is not treated as solely a money judgment, so posting a Rule 9.310(b)(1) bond will not, by itself, stop a foreclosure sale. A motion addressed to the trial court's discretion is required, and courts typically condition any stay on security that protects the lender against delay, taxes, insurance, and depreciation.

The $50 Million Cap: Section 45.045, Florida Statutes

For very large judgments, section 45.045(1), Florida Statutes, caps the supersedeas bond at $50 million per appellant, regardless of the amount of the judgment. The statute contains two important counterweights:

• The judgment creditor may engage in asset discovery during the appeal to police the debtor's finances; and
• If the court finds the appellant is dissipating or diverting assets outside the ordinary course of business to avoid paying the judgment, the court may enter orders necessary to protect the judgment creditor, including requiring additional security up to the full bond amount that would otherwise be required.

Section 45.045(2) also authorizes the trial court, for good cause shown, to reduce the bond below the formula amount. Good cause can include a showing that the appellant cannot obtain a bond in the full amount and that a reduced bond, combined with restrictions on asset transfers, adequately protects the appellee. Miami trial judges take these motions seriously, but the appellant carries the burden, vague claims of financial hardship, unsupported by sworn financial evidence, rarely succeed.

Non-Money Judgments: Discretionary Stays

When the order on appeal grants an injunction, dissolves a lis pendens, orders specific performance, compels arbitration, appoints a receiver, or otherwise does something other than award money, the stay decision rests in the trial court's discretion under Rule 9.310(a). Florida courts weigh two principal factors:

1. The movant's likelihood of success on the merits of the appeal; and
2. The likelihood of harm to the movant if the stay is denied, balanced against the harm to the opposing party if the stay is granted.

These factors operate on a sliding scale: a very strong showing of irreparable harm can compensate for a more modest showing on the merits, and vice versa. The trial court may condition any stay on the posting of a bond or other security under Rule 9.310(c), sized to protect the appellee against losses caused by the delay rather than by the money-judgment formula.

Many of these orders are appealable before final judgment. If you are challenging an injunction or an order determining the right to immediate possession of property, review typically proceeds under Rule 9.130 governing non-final orders, and a stay motion should be filed in the trial court at the same time as, or immediately after, the notice of appeal; injunctions are enforceable by contempt from the moment they issue.

Public Bodies and Public Officers: The Automatic Stay of Rule 9.310(b)(2)

Rule 9.310(b)(2) gives governmental parties special treatment: when a public body or public officer (for example, Miami-Dade County, the City of Miami, a state agency, or an official sued in an official capacity) files a timely notice of appeal, the order is automatically stayed pending review, with no bond required. Two caveats:

• The automatic stay can be vacated. On motion, either the lower tribunal or the appellate court may lift the stay, and Florida courts have done so where the equities strongly favor the private party, for instance, where continued delay would cause severe, irreparable harm and the government's appeal appears weak.
• The stay attaches upon the timely filing of the notice of appeal, which again makes the 30-day rendition deadline under Rule 9.110 critical.

Comparing the Three Stay Regimes

Procedure in Miami: Step by Step

Step 1: Assess Exposure Immediately

The day judgment is entered, assume collection can begin. A judgment creditor in Miami-Dade can record the judgment to create a lien on real property and can seek writs of execution and garnishment quickly. If your business bank accounts could be frozen by garnishment, the stay analysis cannot wait for the appellate briefing schedule.

Step 2: Secure the Bond or Prepare the Motion

For a pure money judgment, contact a surety company promptly. Supersedeas bonds are underwritten like credit: sureties typically charge an annual premium in the range of one to two percent of the bond amount and (critically) usually require collateral, often a letter of credit or cash equal to all or most of the bond. For the $1,770,000 bond in the example above, an appellant should expect to post substantial collateral and pay a premium in the tens of thousands of dollars per year. As an alternative, Rule 9.310 practice permits depositing cash into the court registry in lieu of a surety bond with court approval; the Miami-Dade Clerk assesses statutory registry fees on deposited funds, which should be factored into the comparison.

For non-money orders, prepare a motion for stay supported by evidence: affidavits establishing irreparable harm, a focused argument on the merits, and a proposed security arrangement that shows the court the appellee will be protected.

Step 3: File in the Lower Tribunal

File the stay motion (or post the bond) in the trial court. The bond itself is filed with the clerk, and Rule 9.310(c) requires that it be conditioned to pay the judgment, costs, interest, and any damages for delay if the appeal is dismissed or the judgment affirmed. The surety on the bond submits to the jurisdiction of the lower tribunal, and under Rule 9.310, judgment may be entered against the surety without an independent action if the appeal fails.

Step 4: Seek Review in the Third District if Necessary

If the trial court denies a stay, sets a bond you contend is excessive, or grants a stay you contend is unwarranted, Rule 9.310(f) provides the remedy: review by motion in the court where the appeal is pending: for Miami-Dade cases, the Third District Court of Appeal. This is not a separate appeal; it is a motion filed directly in the appellate case, and the Third District reviews the trial court's stay ruling for abuse of discretion. Understanding how the Third District handles motions practice helps set realistic expectations on timing, because emergency treatment is reserved for genuinely exigent circumstances such as an imminent foreclosure sale or asset levy.

Step 5: Maintain the Stay Through Mandate

Under Rule 9.310(e), a properly obtained stay remains in effect until the appellate court's mandate issues or until the stay is otherwise modified or vacated. If further review is sought after the Third District rules (for example, a motion for rehearing or discretionary review) the stay generally continues while the court retains jurisdiction, but counsel should confirm that the bond amount remains adequate as interest continues to accrue.

Common and Costly Mistakes

• Assuming the appeal stays the judgment. It does not. Clients who learn this only when a bank account is garnished have lost leverage and, sometimes, the practical ability to fund the appeal itself.
• Underestimating bond logistics. Surety underwriting takes time, often one to three weeks for large bonds. Start the process before the judgment is entered if an adverse result is foreseeable.
• Posting a money-judgment bond for a mixed judgment. If the judgment includes injunctive or property-transfer relief, the automatic stay covers only the money component. The non-monetary relief remains enforceable unless separately stayed.
• Ignoring the interplay with post-trial motions. A timely motion for rehearing under Rule 1.530 tolls rendition of the judgment for appellate purposes, but it does not stay execution. Enforcement protection and rehearing strategy must be handled on separate, parallel tracks.
• Letting the stay lapse after an affirmance. Once the mandate issues, the bond is exposed. Negotiating satisfaction and bond release promptly avoids additional interest and surety judgment proceedings.

Strategic Considerations for Miami Appellants

Whether to bond a judgment is ultimately a business decision as much as a legal one. Posting a full supersedeas bond ties up capital or credit for the year or more a Third District appeal typically takes, and the premium is a sunk cost even if you win. Alternatives worth evaluating with counsel include negotiating a consensual standstill agreement with the judgment creditor (often in exchange for partial security or interest concessions), moving under section 45.045(2) to reduce the bond with sworn financial proof, or bonding only part of the judgment while allowing execution against specified, non-critical assets. On the other side of the ledger, an unbonded appeal leaves every asset exposed, and satisfaction of the judgment through execution can complicate, though it does not necessarily moot, the appeal.

For judgment creditors, Rule 9.310 is equally strategic: monitoring bond sufficiency as interest accrues, invoking section 45.045's anti-dissipation provisions, and opposing unjustified bond reductions can preserve the value of a hard-won Miami judgment through the appellate process.

You can contact the Law Offices of Albert Goodwin by phone at 786-522-1411 or by email at [email protected].