KEY WORCS: A'ra--
October 10, 1973
RE: SWFWMD (R) Orders Effect Pending Appeal
Question: If the Pinellas County Commission seeks judicial review
of the Regulatory District's Order by Petition for Writ of Certiorari
is the enforcement of the order stayed?
Conclusion: Florida Appellate Rule 5.12 (1) appears to be
controlling. It establishes a special rule for appeals or petitions
for certiorari by the state or any of its political subdivisions.
The filing of the petition for Certiorari stays the execution of
the order being reviewed. No supersedeas bond is required.
This rule has been applied to stay a mortgage foreclosure sale
pending appeal by a city; (Housing Authority of City of Miami vs.
Macho, (1966) 184 So. 2d 916) and to stay execution of a judg-
ment in a condemnation proceeding, State Road Dept. vs. Bramlett
(1965) 171 So. 2d 34. It has not been applied yet to an appeal by
a county seeking review of an administrative but quasi-judicial order.
SUPERSEDEAS ON APPEAL Rule 5.12
by the Court on motion, provided reasonable notice of the hearing
on said motion is given to the adverse party.
Rule 5.11. Judgment Against Surety
By entering into a supersedeas or stay order bond given pursu-
ant to these rules, or any statute or order of court, the surety
submits himself to the jurisdiction of the lower court, and his lia-
bility thereon may be enforced by said court, after motion and:
citation, without the necessity of resorting to an independent
Rule 5.12. Supersedeas Bond not Required of
the State and its Political Subdivisions and
Their Boards, Commissions, etc.; Security
(1) When Security Not Required.-When the state or any of
its political subdivisions, or any officer, board, commission or oth-
er public body of the state or any of its political subdivisions, in a
purely official capacity, takes an appeal or petitions for certiorari,
the filing of the notice of appeal or the petition for certiorari as
the case may be shall perfect the same and stay the execution or
performance of the judgment, decree or order being reviewed and
no supersedeas bond need be given unless expressly required by
(2) Court May Require Bond.-The court may, on motion for
good cause shown, require a supersedeas bond or other security,
in such amount, form and manner as it may prescribe as a condi-
tion for the further prosecution of the appeal or certiorari.
See West's Florida Statutes Annotated