Lord v. First Bank & Trust of Palm Beach County
Lord v. First Bank & Trust of Palm Beach County
Opinion of the Court
Affirmed.
Concurring Opinion
concurring:
This is an appeal from an order compelling discovery in. proceedings in aid of execution. The appellant is one of four guarantors to a promissory note, all of whom suffered a substantial judgment. Two of the guarantors not involved in this appeal filed a supersedeas bond and appealed the final judgment. The appellant in this case also filed an appeal from the final judgment; however, he failed to post a superse-deas bond.
During the pendency of the appeal the judgment creditor commenced proceedings against the appellant in aid of execution. The appellant contended that since two of the judgment debtors had filed a supersede-as, the judgment creditor could not proceed against him by way of execution. He therefore refused to answer interrogatories in aid of execution and the court entered an order compelling him to do so. He then filed a motion for stay and protective order
The issue is whether or not a supersedeas bond filed by the two other guarantors inures to the benefit of the appellant in this case. Although we have not been cited any Florida law directly on point
. But see Dunes Enterprises, Inc. v. Papandrea, 179 So.2d 580 (Fla. 3d DCA 1965).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.