[RPPTL Leasing Committee] Sheriffs Refusing to Execute WOP

Mon Nov 9 10:51:06 PST 2020

Just FYI to all – we are doing a luncheon CLE relating to this very issue next week:

Evicting COVID-19: Views From Landlord and Tenant Practitioners on Residential Evictions

Audio Webcast

November 16, 2020

This course will tell you how to address COVID defenses, Executive Orders, and the changes to the judicial system caused by COVID-19. We will outline the new strategies to both defend and prosecute a residential eviction in the age of COVID-19. Panelists will include both landlord and tenant attorneys who will provide insight into how to address COVID-19 issues and how it has changed residential evictions and the process. Your panelists are:

Landlord Eviction Issues in 2020
Charles P. Hoskin, Pensacola
Sebastian Jaramillo, Miami

Tenant Eviction Issues in 2020
Amy Pettway, Palm Beach
Patrick Hogan, Sarasota

Sincerely,

Phyllis Harley
Harley Law Offices, PA

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 09:38
To: landten at lists.flabarrpptl.org
Subject: Re: [RPPTL Leasing Committee] Sheriffs Refusing to Execute WOP

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<mailto:landten-bounces at lists.flabarrpptl.org> <landten-bounces at lists.flabarrpptl.org<mailto: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<mailto: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
P.O. Box 15981 | West Palm Beach | Florida | 33416
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