Kelepolo v. Fernandez
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The Supreme Court granted Defendants' petition for writ of mandamus, holding that the intermediate court of appeals (ICA) manifestly abused its discretion in setting the amount of a supersedeas bond as a condition of staying the enforcement of a judgment and writ of possession pending appeal.
The circuit court granted summary judgment in favor of Plaintiff on its complaint for ejectment against Defendants. While Defendants' appeal was pending, Defendants moved for a stay of proceedings to enforce the judgment. The circuit court granted the request and required Defendants to post a supersedeas bond in the amount of $578,000. Defendants then filed a motion for a stay in the ICA. The ICA granted a stay on the condition that it would be effective upon the ICA's approval of a supersedeas bond in the amount of $250,000 (the stay order). Defendants filed a petition for writ of mandamus from the ICA's stay order, arguing that the amount of the supersedeas bond should not exceed $8,000. The Supreme Court granted the petition, holding (1) the ICA not apply relevant factors in setting the bond amount, and (2) the stay order lacked a reasonable timeframe in which Defendants would be required to post the bond.
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