9 Fla. L. Weekly Supp. 701b
Insurance — Stay — Action for bad faith, breach of contract, and inadequate defense, arising out of underlying case in which the parties are awaiting a decision as to whether the Florida Supreme Court will accept discretionary review, is stayed pending review, conditional upon insurer posting supersedeas bond covering amount of excess judgment against plaintiff
NURY SUAREZ, Plaintiff, vs. CLARENDON NATIONAL INSURANCE COMPANY and HIGHTOWER & RUDD, PA, Defendants. Circuit Court, 17th Judicial Circuit in and for Broward County. Case No. 02-10154 (09). July 31, 2002. Robert Lance Andrews, Judge.
ORDER
THIS CAUSE having come before the Court upon Defendant, Clarendon National Insurance Company’s Motion to Dismiss and/or Stay, and the Court having considered same, having heard argument of counsel and otherwise being duly advised in premises, finds and decides as follows:
This is an action for bad faith, breach of contract and inadequate defense, arising out of an underlying case which is currently the subject of appellate proceedings. Appellate counsel for the Plaintiff in the instant action has filed a Petition for Discretionary Review from the Fourth District Court of Appeal, on the underlying action. The parties to that action are awaiting a decision from the Florida Supreme Court as to whether it will accept a review.
Upon a review of the record, this Court will grant a stay pending review, conditional upon the Defendant, Clarendon National Insurance Company posting a supersedeas bond to cover the amount of the excess judgment against Plaintiff, including legal interest and costs. See Rule 9.310(a) Florida Rules of Appellate Procedure.
Accordingly, it is hereby
ORDERED AND ADJUDGED that Clarendon National Insurance Company Inc. post a supersedeas bond in the amount of $3,500,000.00 with the Clerk of this Court within 10 days of the date of this Order.
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