Dade-Commonwealth Title Insurance v. Biscayne Kennel Club, Inc.

The appellant, incident to an appeal from a final judgment pursuant to an order entered in the trial court, posted a supersedeas bond and, thereafter, prior to the record on appeal being lodged in this court, attempted to substitute collateral on that bond by appropriate motion in the trial court. The trial court denied the motion, apparently upon the theory that it lacked jurisdiction to consider a substitution of collateral on a supersedeas bond. The appellant has now filed this instant motion, seeking to secure an order of this court approving a substitution of collateral on a supersedeas…