[RPPTL LandTen] Writ of Possession?

[Jeremy Cranford]

I didn’t think of 1.550, good catch!

Interestingly, the rule doesn’t necessarily control how quickly they must be issued – just that they ‘will issue’.  It does say they can’t issue before recording or time for service of motions for new trial or rehearing. That changed from 10 to 15 as of a few years back (but I always try to get it done by 10).

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Jeremy T. Cranford, Attorney, LL.M. (Real Estate)
Board Certified Specialist in Real Estate Law
Ward & Ketchersid, P.A.
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850.837.5507 | Fax: 850.650.9659
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From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> On Behalf Of Alberto Cardet
Sent: Friday, May 29, 2020 1:47 PM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Writ of Possession?

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<mailto: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
850.837.5507 | Fax: 850.650.9659
jcranford at flaattorney.com<mailto:jcranford at flaattorney.com>
www.flaattorney.com<http://www.flaattorney.com/>
Licensed in Florida & Missouri
____________________________________________
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From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> <landten-bounces at lists.flabarrpptl.org<mailto: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<mailto: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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