When a trial court allowed a judgment debtor to post a $50 million bond to stay execution of a judgment as permitted by section 45.045, Florida Statutes, the judgment creditor challenged the entry of a stay, arguing that the statute unconstitutionally infringed upon the Florida Supreme Court’s rulemaking authority over procedural matters. The Florida Justice Reform Institute filed an amicus curiae brief in support of the statute’s constitutionality, contending that the bond cap appropriately limited the amount required to secure a stay in order to protect the right to appeal. The Third District Court of Appeal agreed. Rather than an impermissible intrusion into the practice and procedure of the judiciary, the court found that section 45.045 concerned substantive rights to property and to appeal.
FJRI represented by William W. Large.