In this case, Bayview sued Jomar for breach of a construction contract and to foreclose its construction lien. Jomar transferred the construction lien to a bond in the amount of $1,602,455.40. The parties agreed to submit their dispute to arbitration, the result of which was an award in favor of Bayview, but in an amount that was $304,463.70 less than the amount of the bond. Jomar moved for a reduction in the bond amount pending the trial court?s entry of a final judgment. Upon the trial court?s granting of Jomar?s motion, Bayview sought certiorari relief from the Fourth District Court of Appeal.
Jomar argued that certiorari relief was not available to Bayview because the reduction of the bond amount would not cause Bayview to suffer a material injury for which there is no adequate remedy on appeal. The Fourth District Court of Appeal disagreed. The Court noted that Bayview was continuing to incur attorney?s fees, which would ultimately be added to the total amount of the judgment, and that Jomar?s surety was only liable up to the face amount of the bond. According to the Court, the prospect that Bayview could be left with a partially unsecured judgment is a harm that is irreparable on final appeal.
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Source: http://safeguardfreedom.com/blog/?p=8123
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