[RPPTL LandTen] Writ of Possession?

Alberto Cardet alcardet at gmail.com
Fri May 29 11:46:47 PDT 2020


I agree that it appears to be the "forthwith" requirement that has been
suspended.  My interpretation is that writs of possession will issue
pursuant to Rule 1.550(a), which would be 10 days after the entry of the
judgment or order awarding possession.

But, I am sure the clerks will have their own interpretation and that
interpretation will differ from county to county.

Albert

Cardet Law, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783


On Fri, May 29, 2020 at 2:41 PM Jeremy Cranford <JCranford at flaattorney.com>
wrote:

> Dear Colleagues,
>
>
>
> Textually, the ‘suspension’ doesn’t have an end.
>
>
>
> Interestingly, the Admin order seems to just say the “forthwith”
> requirement is suspended.  Arguably, they must still issue the writ – just
> not “forthwith”.  I suppose the difference would technically be “within a
> reasonable time period” instead of “immediately”.  Granted, the Clerks seem
> to have taken the position they just don’t have to do it at all.
>
>
>
> The general context of the orders seems to have to do with protecting the
> Court and protecting the public from each other while at the Court. I’m not
> sure if the idea of the writ ‘forthwith’ suspension is to protect the
> Court’s from people picking up writs (we get these writs electronically and
> then mail them to the Sheriff), to protect the Sheriffs, (or off-message
> for the order): some attempt to effectuate the Governor’s order (doesn’t
> seem that closely related), or a Court-effort at consumer protection.
>
>
>
> If its consumer protection, perhaps the Court will withdraw it to coincide
> with the end (current) of the Governor’s current ‘suspension’ of ‘eviction
> and (for residential) mortgage foreclosure statutes’ on June 2 at 12:01am.
>
>
>
> I’d love to know your thoughts.
>
>
>
>
>
> Sincerely,
>
> Jeremy T. Cranford
>
>
>
> ____________________________________________
>
> *Jeremy T. Cranford*, Attorney, LL.M. (Real Estate)
>
> Board Certified Specialist in Real Estate Law
>
> *Ward & Ketchersid, P.A.*
>
> 1241 Airport Rd., Ste. H, Destin, FL 32541
>
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> *From:* landten-bounces at lists.flabarrpptl.org <
> landten-bounces at lists.flabarrpptl.org> *On Behalf Of *Harry Heist
> *Sent:* Friday, May 29, 2020 1:29 PM
> *To:* 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org>
> *Subject:* [RPPTL LandTen] Writ of Possession?
>
>
>
> Can anyone figure this out?
>
>
>
> Is the Writ of Possession suspended indefinitely?
>
>
>
> The Clerks are all confused as well.
>
>
>
> Harry
>
>
>
>
>
>
>
>
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