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3rd DCAJuly 1, 2020Motion for review granted; reversed and remanded with instructions🔬 Novel Issue

Capital Development Group, LLC v. Buena Vista Terminal, LLC

Case No. 19-2346

After a declaratory judgment regarding a commercial real estate contract, the trial court stayed the judgment pending appeal conditioned on a $1,680,000 supersedeas bond. On review under Fla. R. App. P. 9.310(f), the Third District held the trial court abused its discretion because the order merely summarized the evidence without findings or any explanation of how the bond amount was computed, rendering it unreviewable, and remanded for redetermination applying enumerated factors for property-based bonds.

Key facts

  • Capital Development Group, LLC obtained a declaratory judgment regarding a commercial real estate contract against Buena Vista Terminal, LLC in the trial court.
  • The trial court stayed the judgment pending appeal and imposed a $1,680,000 supersedeas bond as a condition of the stay, but the order lacked findings of fact or explanation of how the bond amount was calculated.
  • +2 more key facts with a free trial

Why it matters

This is the first Florida appellate decision to articulate the factors a trial court should consider when setting a supersedeas bond in a case where the judgment concerns real property, importing the bankruptcy-court… — full analysis with a trial

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