X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION ON REHEARING

In this continuing dispute over unpaid rent, the trial court rendered judgment in favor of Greenridge Place Apartments against Michael Whitmire and sureties R.O. and Elsie Whitmire, jointly and severally, for $25,000, the amount of the supersedeas bond posted by the Whitmires, after we affirmed the trial court’s underlying judgment. On appeal, the Whitmires contend that (1) this court and the trial court lacked plenary power to amend our respective judgments to hold the Whitmire sureties liable; (2) both courts erred by amending our judgments and mandate to include the sureties because Whitmire’s payment of the original judgment amount mooted the controversy; (3) both courts erred by holding the Whitmire sureties liable because their supersedeas obligation is void; and (4) Greenridge Place presented legally and factually insufficient evidence to support holding the Whitmire sureties liable for $25,000. We withdraw our opinion and judgment dated February 18, 2010 and issue this opinion in its stead to address an argument the Whitmires advance in their motion for rehearing.*fn1 Our disposition of the case is unchanged. We conclude that (1) our court and the trial court had jurisdiction to amend our judgments; (2) the controversy is not moot because Whitmire did not pay the rent that accrued during the previous appeal; (3) the sureties remain liable on the $25,000 supersedeas bond because the bond, although ruled insufficient to continue protecting Greenridge Place by the trial court, accomplished its purpose of suspending execution of the judgment; and (4) legally and factually sufficient evidence exists to hold the sureties liable up to the amount of the supersedeas bond. We therefore affirm.

Background

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Florida Legal Awards 2022

May 19, 2022
Miami, FL

Daily Business Review honors attorneys and judges who have made a remarkable difference in the legal profession in Florida.


Learn More

Florida Legal Awards 2022 (FLLA)

May 19, 2022
Miami, FL

Daily Business Review honors attorneys and judges who have made a remarkable difference in the legal profession in Florida.


Learn More

WIPL.UK 2022

May 18, 2022 - May 19, 2022
London

The original national forum facilitating women-to-women exchange on leadership and current legal issues in the UK.


Learn More

Litigation Associate


A well-respected regional law firm that has represented businesses in Tampa Bay for decades is seeking a commercial litigation associate to ...


Apply Now ›

Medical Malpractice In-House Counsel


An innovative surgery center headquartered in the Tampa Bay area is seeking a Counsel to handle Medical Malpractice as well as general corpo...


Apply Now ›

Tax and T&E Attorney


The Tampa office of a highly-regarded regional law firm is seeking to add depth to their strong transactional team by adding experienced tax...


Apply Now ›

LAWRENCE LAW LLC

05/16/2022
NJLJ Web

Lawrence Law LLC congratulates Jeralyn Lawrence, Esq. on her upcoming installation as President of the New Jersey State Bar Association


View Announcement ›

RAYNES & LAWN

05/11/2022
TLI Web

RAYNES & LAWN is Proud to Welcome Next Generation to the Firm


View Announcement ›

VAN DER VEEN, O NEILL, HARTSHORN, AND LEVIN

05/11/2022
TLI Web

VAN DER VEEN HARTSHORN & LEVIN Congratulates the Attorney of the Year Finalists named by The Legal Intelligencer


View Announcement ›