American Home Assurance Co. v. Apac-Florida, Inc.
Docket: No. 2D01-4613
Court: District Court of Appeal of Florida; March 11, 2003; Florida; State Appellate Court
The court has denied the appellant's motion to stay the judgment pending discretionary review by the Supreme Court of Florida. The motion was filed more than fifteen days after the issuance of the court's opinion, which precludes the court from withholding the mandate as per Florida Rule of Appellate Procedure 9.310(a) and 9.340. The court emphasized that no timely motion for rehearing was submitted under Rule 9.330(a), further limiting its authority to grant the stay. Despite the denial, the court acknowledged the appellant’s good faith intention to seek review and indicated that it would have considered a stay if the necessary bond conditions were met. The order is subject to review by the Supreme Court under Rule 9.310(f) and may be challenged by a petition for writ of prohibition due to the court's asserted lack of jurisdiction to grant the stay. Judges Casanueva and Davis concurred with the decision.