Amegy Bank National Association v. DB Private Wealth Mortgage, Ltd., et al

Filing 206

ORDER granting 204 Defendants' Unopposed Motion for Approval of Supersedeas Bond for Purposes of Stay of Execution Pending Appeal and Supporting Memorandum of Law. The Supersedeas Bond [204-1] is approved. Signed by Judge Sheri Polster Chappell on 6/2/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
AMEGY BANK NATIONAL
ASSOCIATION,
Plaintiff,
v.

Case No: 2:12-cv-243-FtM-38CM

DB PRIVATE WEALTH
MORTGAGE, LTD. and DEUTSCHE
BANK ALEX.BROWN,
Defendants.
/
ORDER1
This matter comes before the Court on Defendants' Unopposed Motion for
Approval of Supersedeas Bond for Purposes of Stay of Execution Pending Appeal and
Supporting Memorandum of Law (Doc. #204) filed on May 23, 2014.
After a four-day jury trial, a jury returned a verdict against Defendant Deutsche
Bank Alex.Brown and judgment was entered accordingly. Thereafter, Deutsche Bank
Alex.Brown obtained a supersedeas bond. (Doc. #204-1). Now, both Defendants seek to
stay the enforcement of the final judgment until the final determination of an appeal in this
matter. This motion is brought pursuant to Rule 62 of the Federal Rules of Civil Procedure.
This rule reads in relevant part,

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If an appeal is taken, the appellate may obtain a stay by supersedeas bond,
except in an action described in Rule 62(a)(1) or (2). The bond may be given
upon or after filing the notice of appeal or after obtaining the order allowing
the appeal. The stay takes effect when the court approves the bond.
Rule 62(d). The purpose of this rule is to ensure “that the prevailing party will recover in
full, if the decision should be affirmed, while protecting the other side against the risk that
payment cannot be recouped if the decisions should be reversed.” Hartford Acc. And
Indem. Co. v. Crum & Forster Specialty Ins. Co., No. 10-24590-CIV, 2012 WL 3291986,
at *3 (S.D. Fla. Aug. 13, 2012) (quoting Cohen v. Metro Life Ins. Co., 334 Fed. App’x 375,
378 (2d Cir. 2009)). Upon consideration, the Court finds the motion is due to be granted.
Accordingly, it is now
ORDERED:
Defendants' Unopposed Motion for Approval of Supersedeas Bond for Purposes
of Stay of Execution Pending Appeal and Supporting Memorandum of Law (Doc. #204)
is GRANTED. The Supersedeas Bond (Doc. #204-1) is approved.
DONE and ORDERED in Fort Myers, Florida this 2nd day of June, 2014.

Copies: All Parties of Record

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