Writ Of Possession

158 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• In re Florida Rules of Civil Procedure
  211 So. 2d 174· Fla.· 1968-06-19 ·cited 66×
  This is a Florida Supreme Court order approving official forms for use in civil procedure, including summonses, complaints, subpoenas, writs, bonds, and other pleadings. The forms became effective September 30, 1968, and are designed to provide flexibility while establishing stan
• Pro-Art Dental LAB, Inc. v. V-Strategic Grp., LLC
  986 So. 2d 1244· Fla.· 2008-07-10 ·cited 65×
  The Florida Supreme Court resolved a certified conflict between district courts regarding whether Florida Rule of Civil Procedure 1.500(c) applies during summary eviction proceedings under chapter 51. The Court held that Rule 1.500(c) applies to chapter 51 proceedings, allowing d
• Josiah T. Walls v. Endel
  20 Fla. 86· Fla.· 1883-06-01 ·cited 49×
  In this ejectment action, the Florida Supreme Court held that a defendant may plead equitable defenses in ejectment proceedings, specifically that a deed absolute on its face was intended as a mortgage for security purposes. The court reversed the trial court's decision to strike
• In re Amendments to the Florida Rules of Civil Procedure
  604 So. 2d 1110· Fla.· 1992-07-16 ·cited 44×
  The Florida Supreme Court adopted amendments to the Florida Rules of Civil Procedure, accepting most of the Civil Procedure Rules Committee's recommendations while rejecting certain proposals including service by mail procedures, amendments to masters and child support enforcemen
• In re Amendments TO THE Fla. Rules OF Civil Procedure. In re Amendments to The Fla. Rules of Civil Procedure-Form 1.996 (Final Judgment of Foreclosure)
  44 So. 3d 555· Fla.· 2010-06-03 ·cited 32×
  The Florida Supreme Court adopted amendments to Florida Rules of Civil Procedure and related forms to address the residential mortgage foreclosure backlog. The Court approved the Task Force's proposed amendments requiring verification of mortgage foreclosure complaints, new stand
• Barco v. A. M. Fennell and Wife
  24 Fla. 378· Fla.· 1888-06-01 ·cited 32×
  In this ejectment action brought by the heirs of Alfred T. Barco against his widow and her second husband to recover lands, the Florida Supreme Court reversed the lower court's judgment, holding that the special plea of administration was defective because it failed to allege tha
• Rutledge Gould v. Carr
  33 Fla. 523· Fla.· 1894-01-01 ·cited 30×
  An adverse possessor's continuity of possession is broken when he is ousted by legal process, even if the judgment underlying that process is subsequently reversed, if he fails to use available legal remedies to prevent the ouster. The suit for ejectment could be properly revived
• Tunnage v. Bostic
  641 So. 2d 499· Fla. 4th DCA· 1994-08-24 ·cited 29×
  A property dispute case where the trial court's seven-month delay in entering a final judgment, combined with a confusing and internally contradictory judgment, warranted reversal and a new trial. The court held that while no bright-line rule exists for determining reasonable del
• Thompson v. Maxwell
  16 Fla. 773· Fla.· 1878-06-01 ·cited 29×
  Thompson appeals from Circuit Court orders overruling his demurrer to Maxwell's bill seeking to correct clerical errors in a mortgage foreclosure decree and enjoining Thompson from pursuing execution and ejectment proceedings. The Florida Supreme Court affirms the overruling of t
• Speedway Superamerica, LLC v. Tropic Enters., Inc.
  966 So. 2d 1· Fla. 2d DCA· 2007-04-20 ·cited 28×
  Speedway SuperAmerica sought to assign its commercial lease to Sunoco, but landlord Tropic Enterprises refused consent. The trial court granted summary judgment for Tropic based on an unfettered right to withhold consent under the lease provision. The appellate court reversed, ho
• S. Title Research Co. v. King
  186 So. 2d 539· Fla. 4th DCA· 1966-05-23 ·cited 28×
  Southern Title Research Company appealed the vacation and reversal of a summary decree that had quieted title in its favor for a property acquired through a tax deed sale. The court affirmed the lower court's decision to vacate the decree and dismiss the quiet title action, findi
• State v. Frederick
  137 Fla. 773· Fla.· 1939-05-19 ·cited 28×
  The Florida Supreme Court denied a petition for mandamus seeking to compel a circuit court judge to issue a rule absolute in prohibition after the underlying county court proceedings had already been concluded. The court held that prohibition is a preventive remedy that does not
• Pelycado Onroerend Goed B.V. v. Ruthenberg
  635 So. 2d 1001· Fla. 5th DCA· 1994-04-22 ·cited 26×
  Dutch corporations Pelycado and Peeters appealed the denial of their motion to quash service of process and motion to set aside a foreclosure sale initiated by contractor Ruthenberg. The court reversed, finding that Ruthenberg failed to strictly comply with Florida's long-arm sta
• Caleb W. Gorton et ux. v. Paine
  18 Fla. 117· Fla.· 1881-01-01 ·cited 24×
  In a mortgage foreclosure action, the court addresses whether a defendant's answer claiming superior title from the State of Florida was sufficiently pleaded to defeat a writ of possession. The court holds that the answer failed to set forth facts with sufficient certainty and re
• Great S. Aircraft Corp. v. Kraus
  132 So. 2d 608· Fla. 3d DCA· 1961-09-07 ·cited 22×
  The Dade County Port Authority, as lessor, was not an indispensable party to the mortgage foreclosure proceedings because the litigation concerned rights between the assignee of the lease and the mortgagee, not the lessor's rights under the lease.
• Bryant v. Wells Fargo Bank, N.A.
  182 So. 3d 927· Fla. 3d DCA· 2016-01-20 ·cited 21×
  Annette Bryant appealed from a foreclosure judgment and related orders, but the Florida District Court of Appeal, Third District, dismissed the appeal for lack of jurisdiction because Bryant failed to timely file her notice of appeal within the required thirty-day periods.
• Jones v. Lofton
  16 Fla. 189· Fla.· 1877-06-01 ·cited 19×
  This case involves an ejectment action where the plaintiff, Jones, sued to recover a lot from the defendant, Lofton. The court affirmed the lower court's judgment for the defendant, finding that the plaintiff failed to prove essential elements of his claim, particularly the defen
• Poal WK Taft, LLC v. Johnson Med. Ctr. Corp.
  45 So. 3d 37· Fla. 4th DCA· 2010-08-13 ·cited 18×
  A tenant's failure to pay rent into the court registry by the date specified in the lease, even with a grace period, constitutes a waiver of defenses and entitles the landlord to an immediate default for possession.
• Park Adult Residential Facility, Inc. v. DAN Designs, Inc.
  36 So. 3d 811· Fla. 3d DCA· 2010-05-26 ·cited 18×
  A landlord appealed from a trial court's denial of its motion for immediate default and writ of possession against a tenant who failed to timely deposit court-ordered rent into the court registry. The appellate court reversed, holding that Florida Statute § 83.232(5) mandates an
• Cosmo Martorano and Caterina Martorano v. Rosina Spicola joined by her husband and next friend
  110 Fla. 55· Fla.· 1933-05-04 ·cited 15×
  The Florida Supreme Court reversed a trial court's order denying defendants' motion to vacate a receivership appointment in a mortgage foreclosure case. The court held that a mortgage clause permitting receiver appointment without notice does not authorize the court to appoint a
• Wismer v. Alyea
  103 Fla. 1102· Fla.· 1932-01-06 ·cited 15×
  Wismer appeals a judgment in ejectment favoring Alyea for possession of land and $550 in mesne profits. The Florida Supreme Court affirms, finding that despite evidentiary irregularities, Alyea established sufficient prior possession and that Wismer's repudiation of the purchase
• Kosoy Kendall Assocs., LLC v. LOS Latinos Rest. Inc.
  10 So. 3d 1168· Fla. 3d DCA· 2009-05-27 ·cited 12×
  A landlord is absolutely entitled to an ex parte, immediate default for a writ of possession when a tenant fails to timely deposit monthly rental payments into the court registry as required by court order.
• Blandin v. BAY Porte Condo. Ass'n, Inc.
  988 So. 2d 666· Fla. 4th DCA· 2008-07-23 ·cited 12×
  A landlord sought default judgment for possession against unit owners who failed to timely pay rent ordered by the trial court into the court registry. The court held that section 83.232, Florida Statutes, does not permit a trial court to exercise discretion to excuse late paymen
• Burns v. Bankamerica Nat'l Tr. Co.
  719 So. 2d 999· Fla. 5th DCA· 1998-10-30 ·cited 12×
  Although the trial court erred in precluding the Burnses from presenting evidence of improper service, the judgment is affirmed because the Burnses, as lessees, had no independent right of redemption and could only redeem through the mortgagor's rights, which were precluded once
• Stubbs v. Fed. Nat'l Home Loan
  250 So. 3d 151· Fla. 2d DCA· 2018-06-13 ·cited 11×
  Cedric and Dechanta Stubbs appealed the trial court's denial of their motion to vacate an order granting a writ of possession in a foreclosure case. The court dismissed the appeal for lack of jurisdiction because the Stubbses used an improper procedural vehicle and failed to time
• U.S. Bank Nat'l Ass'n v. Paiz
  68 So. 3d 940· Fla. 3d DCA· 2011-08-17 ·cited 10×
  U.S. Bank appeals from orders staying execution of a writ of possession and permitting limited discovery in a foreclosure case. The appellees filed a Rule 1.540(b) motion nearly two years after being served and months after a foreclosure judgment and sale, alleging fraud in affid
• Riley v. W.E. Grissett, Jr.
  556 So. 2d 473· Fla. 1st DCA· 1990-01-31 ·cited 10×
  In a foreclosure sale, the court reversed the trial court's grant of redemption rights to an unrecorded lessee who was not named as a party to the foreclosure action. The appellate court held that once a certificate of title issued to the foreclosure purchaser, no right of redemp
• Redding v. Stockton
  488 So. 2d 548· Fla. 5th DCA· 1986-04-03 ·cited 10×
  Redding appeals an order granting a writ of possession after foreclosure of property he occupied as a tenant. The court affirmed, holding that a foreclosure action terminates a tenant's leasehold interest when the tenant is joined as a party, and the mortgagee-purchaser need not
• Dieffenbach v. Attorney General OF Vermont
  604 F.2d 187· 2d Cir.· 1979-08-08 ·cited 10×
  Vermont's strict foreclosure laws and statute requiring leave to appeal are constitutional under rational relationship tests and do not violate due process or equal protection. A party previously determined to have litigated an issue in state court is collaterally estopped from r
• Lane v. Althmese Brith
  313 So. 2d 91· Fla. 4th DCA· 1975-05-09 ·cited 10×
  Tenants appealed a dispossession judgment, challenging the constitutionality of Florida's summary eviction procedures and service of process by posting. The court affirmed the judgment, holding that the legislature has authority to regulate personal jurisdiction procedures and th
• Johnson v. Reuben Turner and Hettie Turner
  44 Fla. 244· Fla.· 1902-01-01 ·cited 10×
  The Florida Supreme Court upheld a circuit court judge's authority to fix the amount and conditions of a supersedeas bond on appeal from a final decree containing injunctive provisions. The court interpreted Chapter 4917 (1901) to permit statutory supersedeas of non-injunctive po
• Cordero v. Wash. Mut. Bank
  241 So. 3d 967· Fla. 3d DCA· 2018-03-28 ·cited 9×
  A motion to stay execution of a writ of possession that attacks an underlying foreclosure judgment is a successive motion seeking reconsideration of a non-appealable judgment, and cannot revive an untimely appeal.
• Skelton v. Real Est. Solutions Home Sellers, LLC
  202 So. 3d 960· Fla. 5th DCA· 2016-11-04 ·cited 9×
  Appellant purchased real property at foreclosure and occupied it as her residence. When Appellee subsequently purchased the same property at a later foreclosure sale and obtained a writ of possession, the sheriff removed Appellant's personal property from the house. The court rev
• Doncarlos Garcia and Anne Garcia v. Navy Fed. Credit Union & 56 Cottonwood Court Land Tr.
  224 So. 3d 339· Fla. 5th DCA· 2017-08-11 ·cited 8×
  The Garcias appealed a final judgment of foreclosure by Navy Federal Credit Union and the trial court's denial of their motion to vacate a writ of possession issued to the winning bidder at the foreclosure sale. The appellate court affirmed the foreclosure judgment but dismissed
• Chartier v. Sherman
  672 So. 2d 604· Fla. 3d DCA· 1996-04-24 ·cited 8×
• Land v. Cessna Aircraft Co.
  466 So. 2d 1265· Fla. 1st DCA· 1985-04-15 ·cited 8×
  A secured creditor who pursues replevin and sale of collateral is subsequently entitled to sue for a deficiency judgment under the Uniform Commercial Code.
• Wheeler & Wilson Mfg. Co. v. Johns
  37 Fla. 262· Fla.· 1896-01-01 ·cited 8×
  The court addressed a motion to dismiss a writ of error due to an insufficient supersedeas bond. While the writ of error itself was valid, the bond's conditions were inadequate to protect the defendant's right to elect how to enforce the judgment upon affirmance. The plaintiff wa
• McKENNA v. Camino Real Vill. Ass'n, Inc.
  8 So. 3d 1172· Fla. 4th DCA· 2009-04-08 ·cited 7×
  The trial court erred by entering a final order disposing of the cause while an appeal from a non-final order was pending.
• Gomes v. LeGRAND
  560 So. 2d 389· Fla. 1st DCA· 1990-05-01 ·cited 6×
  The court held that the agreement constituted a rental agreement subject to chapter 83, Florida Statutes, and the complaint stated a valid cause of action.
• Ross v. Carey. In re Broome
  174 F.2d 872· 5th Cir.· 1949-06-03 ·cited 6×
  The bankruptcy court cannot stay execution of a state court's writ of possession for a mortgage foreclosure sale that occurred before the mortgagor filed for bankruptcy.
• Whittington v. Davis
  159 Fla. 409· Fla.· 1947-07-29 ·cited 6×
  A party in possession of land under a superior equitable claim may present that defense in response to a tax deed holder's petition for a writ of possession.
• 1560-1568 Drexel Ave., LLC v. Johann C. Dalton
  320 So. 3d 965· Fla. 3d DCA· 2021-05-27 ·cited 5×
  This case involves a landlord's eviction action against a tenant. The appellate court reversed a lower court's order denying the landlord's motion for default judgment, finding that the tenant's defenses, other than non-payment of rent, required them to deposit rent into the cour
• Diaz v. U.S. Bank
  239 So. 3d 151· Fla. 3d DCA· 2018-02-07 ·cited 5×
  A trial court errs in awarding attorney's fees and costs in a foreclosure judgment when no evidence regarding such fees was presented at trial, and a foreclosure sale conducted while a timely motion for rehearing remains pending is improper because enforcement of the judgment is
• Melina M. Nacius and Aurilien Nacius v. ONE W. Bank, FSB
  211 So. 3d 152· Fla. 4th DCA· 2017-02-22 ·cited 5×
  The court held that it lacks appellate jurisdiction to review the denial of a motion to vacate a writ of possession, as such a motion cannot be directed to a non-final order and its denial does not fall within appealable non-final orders.
• Douglas D. Stratton, Stratton & Feinstein, P.A. v. 6000 Indian Creek, LLC
  95 So. 3d 334· Fla. 3d DCA· 2012-07-25 ·cited 5×
  The appellate court affirmed sanctions awarded under Florida Statute § 57.105 against attorney Douglas Stratton, his law firm, and client David Lesman for frivolous defenses and dilatory conduct during the enforcement phase of a mortgage foreclosure case. However, the court rever
• Stetson Mgmt. Co., Inc. v. Fiddler's Elbow, Inc.
  18 So. 3d 717· Fla. 2d DCA· 2009-10-02 ·cited 5×
  The court reversed a trial court's stay of a final judgment for possession in a commercial landlord-tenant dispute. Because the tenant failed to timely deposit rent into a court-ordered registry account, the landlord was entitled to immediate possession under Florida Statutes § 8
• First Hanover v. Vazquez
  848 So. 2d 1188· Fla. 3d DCA· 2003-06-04 ·cited 5×
  The appellate court reversed the trial court's orders that vacated a foreclosure sale and set terms for redemption, finding that the tenants, who were not properly served and claimed to be contract vendees, were not entitled to redemption after the certificate of sale had been fi
• In re Colony Square Co. v. Prudential Ins. Co. OF Am.
  843 F.2d 479· 11th Cir.· 1988-04-27 ·cited 5×
  The court held that Colony Square's breach of contract claim was barred by the lease's notice and cure provisions, and its tort claim failed for lack of an independent duty.
• The Cove & Deerfield Beach, LLC v. R. Fast, Inc.
  310 So. 3d 413· Fla. 4th DCA· 2020-11-25 ·cited 4×
  When a tenant fails to deposit rent into the court registry on or before the deadline imposed by court order, section 83.232(5), Florida Statutes, provides no discretion to the trial court, and the court must enter a default and writ of possession. The reason for the tenant's fai
• Bensoussan v. Banon5
  252 So. 3d 298· Fla. 3d DCA· 2018-07-18 ·cited 4×
  While prior owners cannot challenge removal of personal property during execution of a writ of possession, they may pursue claims for conversion and civil theft based on the defendants' subsequent control of that property after locking them out and refusing them access to retriev