United States of America v. Wilkins et al

Filing 66

ORDER granting in part and denying in part 59 Motion for Stay of Execution Pending Appeal; the Motion for Stay is granted, conditioned on Defendants posting a supersedeas bond in the amount of $552,000.00, and otherwise denied. If Defendants do not post a bond, further proceedings are not stayed pending appeal. Signed by Judge Elizabeth A. Kovachevich on 2/5/2016. (JM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.

CASE NO. 8:14-CV-993-T-17JSS

LAWRENCE N. Wilkins, et al.,
Defendants.
/
ORDER

This cause is before the Court on:
Dkt. 59
Dkt. 63

Motion for Stay of Execution Pending Appeal
Opposition

Defendants Lawrence N. Wilkins, Carol G. Wilkins, The Wilkins Foundation, Inc.,
and Living Light Ministries, Inc. (“Defendants”) move for a stay of execution pending
appeal to prohibit the sale of the two lots seized pursuant to the Default Judgment (Dkt.
22), pursuant to Fed. R. Civ. P. 62.
Defendants argue that Defendants are likely to prevail on the merits on appeal,
the sale of the properties would irreparably harm Defendants’ interest in the real
property, the United States would not suffer during the delay, and the public interest is
not harmed. Defendants do not offer to post a supersedeas bond.
Plaintiff United States of America responds that Defendants did not confer with
Plaintiff about the bond amount as directed by this Court (Dkt. 60), and no supersedeas
bond has been posted to the secure the Government against loss caused by delay.

Case No. 8:14-CV-993-T-17JSS
Plaintiff United States of America argues that, in the absence of a supersedeas bond,
Defendants have not met the requirements of Fed. R. Civ. P. 62(d), and are not entitled
to stay the foreclosure sale. Plaintiff United States of America suggests that, if the
Court were to grant Defendants’ Motion, a cash bond equivalent to the fair market value
of the property plus an additional 15%, $552,000, based on an estimated $480,000 fair
market value, plus 15% of that amount, should be required.

Fed. R. Civ. P. 62(d) provides:

Stay with Bond on Appeal. If an appeal is taken, the appellant 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.
The purpose of the supersedeas bond is to preserve the status quo while protecting the
nonappealing party’s rights pending appeal. See Prudential Ins. Co. v. Bovd. 781 F.2d
1494, 1498 (11th Cir. 1986).
Defendants have not offered to post a bond or made any showing that would,
justify waiving the requirement to post a bond. After consideration, the Court grants the
Motion to Stay Execution Pending Appeal, subject to the requirement that Defendants
post a supersedeas bond in the amount of $552,000.00, pursuant to Fed. R. Civ. P.
62(d). The stay will take effect when the Court approves the $552,000.00 bond. If no
bond is posted, the enforcement proceedings are not stayed. Accordingly, it is
ORDERED that the Motion to Stay Execution Pending Appeal (Dkt. 59) is
conditionally granted, subject to Defendants posting a supersedeas bond in the
amount of $552,000.00. The stay will take effect when the Court approves the
$552,000.00 bond.

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Case No. 8:14-CV-993-T-17JSS

DONE and ORDERED in Chambers in Tampa, Florida on this 5th day of
February, 2016.

Copies to:
All parties and counsel of record

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