The Federal Deposit Insurance Corporation v. Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A. et al

Filing 127

ORDER: Defendants' Unopposed Motion to Approve Supersedeas Bond and Stay Enforcement of Final Judgment Pending Appeal 126 is GRANTED. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 10/5/2013. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
THE FEDERAL DEPOSIT INSURANCE
CORPORATION, as Receiver for
First Priority Bank, Bradenton,
Florida,
Plaintiff,
v.

Case No. 8:11-cv-2831-T-33MAP

ICARD, MERRILL, CULLIS, TIMM,
FUREN & GINSBURG, P.A. and
ROBERT MESSICK,
Defendants.
______________________________/
ORDER
This matter is before the Court pursuant to Defendants’
Unopposed

Motion

to

Approve

Supersedeas

Bond

and

Stay

Enforcement of Final Judgment Pending Appeal (Doc. # 126),
filed on October 1, 2013.

The Court grants the Motion.

Discussion
On August 19, 2013, this Court entered its Judgment
against Defendants pursuant to the jury’s verdict. (Doc. #
116).

The

amount

of

the

Judgment

is

$1,149,051.09.

Defendants filed a Notice of Appeal (Doc. # 122) on September
17, 2013.

At this juncture, Defendants seek an Order staying

enforcement of the Judgment pending appeal pursuant to Federal
Rule of Civil Procedure 62(d).

That Rule states in pertinent

part: “If an appeal is taken, the appellant may obtain a stay
by supersedeas bond . . . . 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.”
Here, the amount of the bond, $1,263,956.20, exceeds the
amount of the Judgment.

Plaintiff does not oppose the amount

of the bond and likewise does not oppose the requested stay.
The Court accordingly approves the bond and stays the Judgment
pending resolution of the appeal.
Accordingly, it is hereby
ORDERED, ADJUDGED, and DECREED:
(1)

Defendants’ Unopposed Motion to Approve Supersedeas Bond
and Stay Enforcement of Final Judgment Pending Appeal
(Doc. # 126) is GRANTED.

(2)

The supersedeas bond is approved.

(3)

The Judgment is stayed pending resolution of the appeal.
DONE and ORDERED in Chambers, in Tampa, Florida, this 5th

day of October, 2013.

Copies: All Counsel of Record
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