[RPPTL Leasing Committee] Sheriffs Refusing to Execute WOP

Mon Nov 9 08:49:06 PST 2020

The CDC Q&A makes it clear that the moratorium is completely inapplicable to the cases that are not non-payment cases so even if an affidavit were properly delivered it should not stop a put out. Without a better review whether it is an appeal from the denial of the motion to compel the sheriff to execute, a writ of some sort on that Order or a writ to the sheriff is not something I would
Be comfortable commenting upon. 

Deborah Marks
Deborah Marks, PLLC
18495 South Dixie Highway
Suite 134
Miami, FL 33157
305-372-9400

Sent from my iPhone

> On Nov 9, 2020, at 11:16 AM, RPPTL Real Estate Leasing Committee <landten at lists.flabarrpptl.org> wrote:
> 
> 
> The CDC published a Frequently Asked Questions and Answers in mid-Oct.  It “clarifies” that cases may be filed and proceed to final judgment but removal cannot occur until the order expires at the end of the year.  The Q&A also addresses types of cases.  The Q&A may have resulted from several legal challenges to the Order.
>  
> Carol
>  
> Carol S. Grondzik, Esquire
> Lutz, Bobo & Telfair, P.A.
> 2155 Delta Boulevard, Suite 210-B
> Tallahassee, Florida 32303
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> From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
> Sent: Monday, November 9, 2020 9:11 AM
> To: Landlord - Tenant Listserve <landten at lists.flabarrpptl.org>
> Subject: [RPPTL Leasing Committee] Sheriffs Refusing to Execute WOP
>  
> Hi All,
>  
> Looking for a little help here, I'm just a small town Landlord/Tenant attorney and things are getting a little beyond my pay grade right now.  I have a case where the tenant did not answer the complaint for eviction, was defaulted and FJ and WOP were all entered by the Court.  When the Sheriff showed up, the tenant made a vague reference to "the CDC Order..." so the Sheriff refused to execute.  Nothing filed, no documents provided.  I spoke with the Sheriff and they said I would need a Court Order to Compel.
>  
> I filed a Motion to Compel, which was denied.  The Order specifically says "the CDC Moratorium does not apply to this case because it was not filed for nonpayment of rent" but that the County Court does not have jurisdiction and I must file a Writ of Mandamus in the Circuit Court.
>  
> Any chance anyone might have some form or example they could help me out with?  Or any ideas how to accomplish the execution of the WOP?
>  
> Cary
> Cary P. Sabol, Esq. J.D. (2001), LLM (2009)
> Law Offices of Cary P. Sabol
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