[RPPTL LandTen] Writ of Possession?

Fri May 29 12:12:04 PDT 2020

I keep forgetting its 15 days now, sorry for the confusion.

Albert

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

On Fri, May 29, 2020 at 2:56 PM Jeremy Cranford <JCranford at flaattorney.com>
wrote:

> 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).
>
>
>
> ____________________________________________
>
> *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
>
> www.flaattorney.com
>
> *Licensed in Florida & Missouri*
>
> ____________________________________________
>
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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>
> 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
>
> www.flaattorney.com
>
> *Licensed in Florida & Missouri*
>
> ____________________________________________
>
> This email message is being sent from an Attorney with the law firm of
> Ward & Ketchersid, P.A. (the “Firm”) who is likely to be acting on behalf
> of a client thereof.  First and because this email is likely to contain
> confidential and/or privileged information, please protect the information
> contained herein from being accessed or accessible by any other person.
> Second, if you have any reason to believe you should not have received this
> email message, please inform the Firm immediately and delete/destroy all
> copies hereof.  Third and if you are not presently a client of the Firm,
> unless this email contains a specific statement that you have become a
> client of the Firm, (1) do not construe anything within this email message
> to establish an attorney-client relationship with you and (2) do not
> disclose any information to the Firm that you would expect the Firm to hold
> in confidence.
>
> ____________________________________________
>
>
>
> *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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