[RPPTL LandTen] Residential evictions

[Dennis Chen]

If there is no final order to appeal you may want to file a petition for
writ of mandamus with the circuit court appellate division.  You will
probably have a faster turn around with the petition rather than a
traditional appeal.


Dennis A. Chen, Esq.
Chen Law Firm, PA
5401 S. Kirkman Rd., Ste. 310
Orlando, Florida 32819
Tel:   (407) 392-1872
Fax: 1-866-571-3421
dennis at chenlaw.net

Bankruptcy * Civil Litigation * Landlord/Tenant * Personal Injury * Real
Estate Litigation

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On Fri, Sep 26, 2014 at 1:01 PM, Pat at hoganlegalservices.com <
Pat at hoganlegalservices.com> wrote:

> A county judge hearing residential landlord tenant cases under Chapter 83
> has a habit of holding short 1-4 hr trials (eviction only or eviction and
> damages) concluded by issuing only a single Order Staying Final Judgment.
> Usually the Stay requires that a party must either move out (or move out
> and pay funds to the other party) before a time certain a few days later,
> but allowing the intended transferee to motion the Court for Final Judgment
> if the vacating party/payor does not comply in time. Note that this result
> is not a motion to determine rent outcome, but rather the result of an
> eviction trial. The Stay sometimes requires both parties to bear their own
> attorney fees.
>
> The judge considers his/her self to have such discretion to issue the
> Stay, and considers the Stay to be a nonfinal order because of the
> uncertainty related to having to issue a subsequent final judgment. The
> majority of the time parties comply with Stay terms by moving/paying.
>
> When an attorney is involved obviously fees become an issue, since the
> statute awards fees to prevailing party but the judge is not awarding them.
>
> What arguments might best be used in support of judges use of a Stay Order
> (a method to avoid both atty fees and recorded eviction judgments)?
>
> Conversely, what might be the best way to get fees? in an appeal to
> circuit (final or non-final order)?
>
> Your thoughts are greatly appreciated.
>
> Patrick Hogan
> Pat at HoganLegalServices.com
>
>
>
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