[RPPTL LandTen] New Case Writ of Possession

[Dariel Abrahamy]

Below is a link to Skelton v. Real Estate Solutions Home Sellers, LLC that came out today from the 5th DCA. Yes, I agree with the Court that 83.62 is in the landlord-tenant section and is entitled to Restoration of Premises to Landlord. But there are many other situations where Writs of Possession are executed where there is not a landlord-tenant relationship, such as ejectment actions under Chapter 66, unlawful detainer and unlawful entry in Chapter 82, pursuant to foreclosure judgments, etc. If a party is only protected from liability for removing personal property pursuant to a Sheriff executing a Writ of Possession under Chapter 83.62 in a landlord-tenant situation, that opens up exposure against real property owners for occupants filing conversion actions after being removed from the premises pursuant to a properly executed Writ of Possession. I find this case a bit concerning. Are there any other arguments or statutes other than under 83.62 to limit liability for removing personal property after executing a Writ of Possession?

http://www.5dca.org/Opinions/Opin2016/103116/5D15-4277.op.pdf



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DARIEL ABRAHAMY, ESQ.
Shareholder
2255 Glades Road, Suite 400-E
Boca Raton, FL 33431
P: 561-994-2212; F: 954-343-6972
Dariel.Abrahamy at gmlaw.com





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