| Fla. | Jun 15, 1907
— The appellant here filed a bill in the circuit court for Marion county in the fifth judicial circuit for specific performance of a contract for the sale of land. On May 30th, 1907, without notice, appellant obtained an injunction forbidding interference with his possession by appellees. The amount of the injunction bond was filed at five hundred dollars. On demurrer to the bill, it was dismissed as to’ Buttgenbach &'Co., and Holder, and the injunction dissolved. On September nth, 1907, a justice of this court granted a supersedeas “upon the giving and filing of bond and security, the amount and conditions of which shall be
The cause is before us now on the following motion: “Comes now the appellee, Societe Anonyme La Floridienna, J. Buttgenbach & Company, and shows to the court that it is a large miner and seller of phosphate rock, having contracts of sale for such rock for future delivery, and that by reason of the injunction in this cause, preventing it from mining rock from the land involved in this cause between appellant and this appellee,' great loss and damage will accrue to this appellee, which in the event of an affirmance of the decree of the lower court cannot possibly be met by the amount of the supersedeas and injunction bonds in this cause.
Wherefore, the said appellee moves the court to require the appellant to execute another supersedeas bond in a larger and adequate amount than fixed by the present bond, and that .upon his failure to execute such bond within the time to be fixed by the court, that the supersedeas herein be vacated, which said motions are based upon the affidavits this day filed.”
In support of this motion it is contended that the judge of the eighth circuit had no authority, though the judge of the fifth circuit was absent from his circuit, to fix the amount and conditions of the supersedeas bond.
ín the absence of the judge of the fifth judicial circuit from his circuit, as was made to appear herein, we think the judge of the eighth circuit was empowered to fix the amount and conditions of the bond, by virtue
It is urged that the amount of the bond is sufficient, and we are asked to require appellant to execute another supersedeas bond in an adequate amount.
The supersedeas bond provided by section 1701 of the General Statutes of 1906, should be sufficient in amount to protect the adverse party in the event his judgment is affirmed; and where a bond, sufficient in amount to cover the judgment, interest and costs when executed appears to be insufficient in such amount when a motion is made in the appellate court to dismiss on account of its insufficiency, an additional bond will be required. Edgerton v. West, 38 Fla. 338" court="Fla." date_filed="1896-06-15" href="https://app.midpage.ai/document/edgerton-v-west-4914924?utm_source=webapp" opinion_id="4914924">38 Fla. 338, 21 South. Rep. 278. But in Tampa St. Ry. & P. Co., v. Tampa Suburban R. Co., 30 Fla. 400" court="Fla." date_filed="1892-06-15" href="https://app.midpage.ai/document/tampa-street-railway--power-co-v-tampa-suburban-railroad-4914449?utm_source=webapp" opinion_id="4914449">30 Fla. 400, 11 South. Rep. 908, we held that the amount and condition of a bond, in a case like this, must be determined by the court below; that the statute has conferred upon the circuit judge the
The showing made in this case does not satisfy us that the alleged insufficiency in the bond arises from any of the. causes above mentioned. All these things are now as they were then. We cannot say that the amount of the supersedeas bond given is insufficient, and the appeal herein will be considered here on its merits just as so-o-n as the cause shall have been finally submitted on briefs by the parties.
The motion is' denied.
All the justices concur.