Community Health of South Dade, Inc. v. Hale

On Motion to Review

SCHWARTZ, Judge.

The plaintiff-appellees seek review1 of an order denying their motion to strike a su-persedeas bond filed by the defendant-appellant, Community Health of South Dade, Inc. They contend that the surety on the bond, Foremost Insurance Company, may not act in that capacity because it is admittedly also Community’s malpractice liability carrier which provides full coverage for the judgment on appeal. We disagree. When, as here, a liability carrier is not an actual party 2 to the judgment sought to be superseded, there is no impediment to its being the surety on a…