Great American Insurance Co. v. Stolte, Inc.

ON MOTION TO DISMISS

GLICKSTEIN, Judge.

Judgment payee Stolte, Inc. has moved to dismiss judgment payor Great American Insurance Company’s appeal. Stolte contends that the appeal is barred because Great American’s payment in full of the amount of the judgment, after Great American’s motion for retrial was denied, constitutes voluntary payment, and moots the appeal.

We deny the motion. We find that it is the law in Florida that, absent a stay of execution or a condition that effectively constitutes such a stay, payment or satisfaction of a judgment is involuntary, and does not moot the judgment…