Ruby Mountain Construction & Development Corp. v. Raymond
Ruby Mountain Construction & Development Corp. v. Raymond
Opinion of the Court
Petitioners ask this court to review, by writ of certiorari, three post-judgment orders entered by the trial court while the judgment was being appealed.
Petitioners first challenge the trial court’s holding them in contempt for not complying with the final judgment. However, Petitioners filed their petition for cer-tiorari more than thirty days after the trial court’s order was rendered. Therefore, we lack jurisdiction to review it. Lawrence v. Orange County; 404 So.2d 421 (Fla. 5th DCA 1981). As to the two remaining orders, the petition was timely filed.
The second order relates to discovery efforts by the respondents to enable enforcement of the judgment. The petitioners never filed a supersedeas bond or otherwise gained a stay against the enforcement of the judgment. The order appears to us to be a proper order to assist enforcement of the final judgment. It was designed to end apparent dilatory tactics on the part of petitioners. An appeal without supersedeas does not deprive the trial court of its authority to enforce the judgment. Glasser v. Hackett, 37 Fla. 358, 20 So. 532 (1896); Weintrab v. Weintrab, 390 So.2d 824 (Fla. 1st DCA 1980).
AFFIRMED.
. That appeal has now been dismissed by order of this Court because of the petitioners’ continuing willful refusal to comply with the requirements of the final judgment.
. Roberts v. Askew, 260 So.2d 492 (Fla. 1972); see Mogul v. Fodiman, 406 So.2d 1225 (Fla. 5th DCA 1981).
Reference
- Full Case Name
- RUBY MOUNTAIN CONSTRUCTION & DEVELOPMENT CORPORATION, Atlantic Commercial Development Corp. and Meadow Valley Ranchos, Inc. v. Barbara RAYMOND Louis J. Wine Claire L. Wine Arthur L. Reichardt Dorothy J. Lowe Thelma Darby Judith Sheplan Mildred Swanson Lillian Graubert Dalia Enterprises, Inc. Charles W. Grant, Trustee Department of Business Regulation, State of Florida and James H. Millican, Jr., Receiver
- Cited By
- 8 cases
- Status
- Published