Writ Of Possession

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

• In re Amendments TO THE Fla. Rules OF Civil Procedure-Form 1.996 (Final Judgment OF Foreclosure)
  51 So. 3d 1140· Fla.· 2010-12-09 ·cited 4×
  The Florida Supreme Court approved further amendments to Form 1.996(a) (Final Judgment of Foreclosure) to accommodate flat-rate attorneys' fee agreements in mortgage foreclosure cases and to ensure compliance with the Protecting Tenants at Foreclosure Act of 2009 by removing an a
• Sher v. Countrywide Home Loans, Inc.
  848 So. 2d 1246· Fla. 4th DCA· 2003-07-09 ·cited 4×
  Tenants sued their home's mortgage company and real estate company after personal property was removed from a foreclosed home without notice. The trial court granted summary judgment for the defendants and awarded attorney's fees, but the appellate court reversed the fee awards,
• Courthouse Tower, Ltd. v. Manzini & Assocs.
  683 So. 2d 215· Fla. 3d DCA· 1996-12-12 ·cited 4×
• The Fla. Bar re Advisory Opinion-Nonlawyer Preparation of & Representation of Landlord in Uncontested Residential Evictions
  605 So. 2d 868· Fla.· 1992-10-08 ·cited 4×
  The appellate court reviewed the trial court's application of a risk multiplier to an award of attorneys fees for tenants who successfully counterclaimed for wrongful eviction, harassment, and AIDS discrimination against their landlord.
• PMS Distrib. Co., Inc. v. Huber & Suhner
  863 F.2d 639· 9th Cir.· 1988-08-19 ·cited 4×
  The majority erred in holding that the writ of possession was not appealable, as it was issued post-judgment in a section 4 FAA proceeding.
• Dumor Avionics, Inc. v. Hangar ONE, Inc.
  319 So. 2d 95· Fla. 3d DCA· 1975-09-23 ·cited 4×
  Dumor Avionics appealed a judgment in favor of landlord Hangar One in an unlawful detainer action, arguing waiver of default arising from Dumor's Chapter XI bankruptcy filing. The court affirmed the finding of no waiver but reversed on cross-appeal to grant possession to Hangar O
• Atod, Inc. v. Coleman
  214 So. 2d 769· Fla. 3d DCA· 1968-10-15 ·cited 4×
  The court held that the defendant's open and visible possession of the leased premises constituted constructive notice, meaning the plaintiff, as a purchaser at a subsequent sheriff's sale, acquired no greater rights than the debtor had.
• Knabb v. Hutson
  212 So. 2d 665· Fla. 1st DCA· 1968-07-25 ·cited 4×
  In an ejectment action, the trial court erroneously dissolved a writ of possession by applying procedural requirements from chancery writs of assistance. The appellate court reversed, holding that a writ of possession in ejectment issues ministerially upon application to the cler
• Central Holmes v. Kiser
  138 So. 2d 782· Fla. 1st DCA· 1962-03-01 ·cited 4×
  A Florida appellate court reversed a lower court decree granting a writ of possession based on a tax deed, holding that the tax deed was void both for vague and ambiguous property description and for the clerk's failure to comply with statutory notice requirements. The decision u
• Bowdoin v. Buford Malone, Jr.
  287 F.2d 282· 5th Cir.· 1961-02-23 ·cited 4×
• Sanders v. Alford Bros. Co.
  92 Fla. 718· Fla.· 1926-09-25 ·cited 4×
  Julia Sanders appealed a decree quieting title to land in the Appellees, Alford Brothers Company and Henderson Waits Lumber Company, based on a patent from the United States government. The Florida Supreme Court affirmed, holding that Sanders' alleged color of title instrument co
• State v. Durrance
  83 Fla. 375· Fla.· 1922-03-15 ·cited 4×
  The Florida Supreme Court reversed a judgment dismissing a mandamus action seeking to compel a circuit court clerk to issue a writ of possession following an ejectment judgment. The court held that the clerk has a ministerial duty to issue the writ of possession upon demand, rega
• Raulerson v. Peeples
  81 Fla. 206· Fla.· 1921-02-16 ·cited 4×
  The Florida Supreme Court reversed interlocutory orders granting a temporary injunction and denying dissolution of that injunction in a case arising from a prior ejectment judgment. The court held that Peeples lacked independent equity for his bill seeking to stay execution of an
• Williams v. Richardson
  66 Fla. 234· Fla.· 1913-11-04 ·cited 4×
  Henry Williams appeals a permanent injunction preventing him from interfering with complainants' possession of Jacksonville property. The Florida Supreme Court affirmed the injunction, holding that Williams derived no valid title from Anna Thomas (whose claim was defeated in an 1
• Patrick v. Young
  18 Fla. 50· Fla.· 1881-01-01 ·cited 4×
  In this ejectment action, the Florida Supreme Court affirmed the trial court's judgment for the plaintiff Young against defendants Patrick and others. The court rejected appellants' claims that possession was not proven and that the jury verdict was impermissibly vague, holding t
• Sze Lee v. 1510 NE 109 ST, LLC
  324 So. 3d 993· Fla. 3d DCA· 2021-07-14 ·cited 3×
  Sze Lee appeals a final judgment for eviction entered against her for failure to pay rent into the court registry or file a motion to determine the amount due within five days of service. The Third District Court of Appeal affirmed the judgment, holding that Lee's obligation to p
• Taufer v. Wells Fargo Bank, N.A.
  278 So. 3d 335· Fla. 3d DCA· 2019-07-17 ·cited 3×
  The appellate court dismissed an appeal by tenants and a former homeowner challenging a writ of possession. The court found the appellants lacked standing and failed to file their appeal within the required timeframe, rendering the court without jurisdiction.
• Rivas v. The Bank of N.Y. Mellon
  244 So. 3d 334· Fla. 4th DCA· 2018-06-13 ·cited 3×
  A party cannot attack the underlying foreclosure judgment through appeal of an order granting possession after sale, and redemption rights expire upon issuance of the certificate of sale.
• Dalrymple v. Wells Fargo Bank, N.A.
  237 So. 3d 389· Fla. 4th DCA· 2018-01-31 ·cited 3×
  The order granting a writ of possession is affirmed because the appellant's arguments attack the underlying final judgment which was not appealed after it was rendered in July 2015.
• Susann E. Nogales v. Countrywide Home Loans, Inc.
  100 So. 3d 1161· Fla. 2d DCA· 2012-09-28 ·cited 3×
  A late-filed appeal is not the proper procedure to seek relief from a void order, and the time to file an appeal is not extended even if the order is void ab initio.
• Rothschild Reserve Int'l, Inc. v. Silver
  830 So. 2d 224· Fla. 4th DCA· 2002-11-13 ·cited 3×
  Rothschild Reserve International appealed a trial court's enforcement of a settlement agreement in a mortgage foreclosure case, arguing that a warranty deed given as part of the settlement should be treated as a mortgage under Florida Statute § 697.01(1). The appellate court affi
• Luneke v. Becker
  621 So. 2d 744· Fla. 2d DCA· 1993-06-25 ·cited 3×
  Carl Luneke appeals an ejectment order granting possession of real property to Roberta Becker based on alleged termination of an agreement for deed upon Sharron Luneke's death. The court reverses, holding that an executed agreement for deed is a mortgage subject to foreclosure pr
• Storrs v. Storrs
  126 Fla. 213· Fla.· 1936-11-18 ·cited 3×
  This case concerns whether a county judge from a different county had the authority to order the restitution of property after the original judge was disqualified. The court found that the judge from the other county lacked jurisdiction, and therefore the circuit court was correc
• Stuart v. Hyatt C. Hatch
  108 Fla. 443· Fla.· 1933-02-23 ·cited 3×
  The Stuart appellants sought to enjoin the Sheriff from dispossessing them under a writ of possession issued against Dismukes in an unlawful detainer suit brought by Hatch. The Florida Supreme Court affirmed the lower court's dismissal, holding that the Stuarts, though not partie
• Pinellas Packing Co. v. Clearwater Citrus Growers' Ass'n
  75 Fla. 247· Fla.· 1918-02-13 ·cited 3×
  This is the fourth appeal in a protracted dispute between Pinellas Packing Company and Clearwater Citrus Growers' Association over possession of real property. The court affirms that a decree requiring surrender of possession was properly issued even though the decree followed th
• Colby v. Zicarelli
  392 So. 3d 299· Fla. 1st DCA· 2024-08-21 ·cited 2×
  When a tenant raises payment as an affirmative defense in an eviction action, the trial court must conduct an evidentiary hearing to resolve the factual dispute before granting judicial default, notwithstanding the statutory requirement to pay rent into the court registry.
• 34th St., LLC v. PRO Karting Experience, Inc.
  385 So. 3d 167· Fla. 2d DCA· 2024-03-22 ·cited 2×
  In a landlord-tenant dispute, the court affirmed the trial court's invalidation of a writ of possession, holding that Florida Statute § 83.232(5)'s absolute waiver provision does not apply unless the court order explicitly directs the tenant to pay rent into the court registry. H
• Lazow v. Synamon Real Est., LLC
  343 So. 3d 1249· Fla. 3d DCA· 2023-05-17 ·cited 2×
  A tenant's failure to deposit rent into the court registry pursuant to court order results in an absolute waiver of defenses and entitles the landlord to an immediate default judgment for possession.
• Goodenow v. Nationstar Mortg., LLC
  305 So. 3d 13· Fla. 3d DCA· 2020-06-10 ·cited 2×
  The Goodenows appealed a trial court's denial of their motion to stay foreclosure proceedings, framing it as an appeal from an order denying an injunction. The Florida District Court of Appeal held that an order denying a motion to stay is not appealable as of right and does not
• Ralicki v. 998 SW 144 Court RD, LLC
  254 So. 3d 1155· Fla. 5th DCA· 2018-09-07 ·cited 2×
  Appellants Ralicki and Mawhinney challenged an ex parte emergency injunction granted to 998 SW 144 Court Rd, LLC to prevent their removal of property fixtures and access during a foreclosure proceeding. The Florida Fifth District Court of Appeal affirmed the injunction but remand
• Centennial Homeowners Ass'n, Inc. v. Dolomite Co., Inc.
  47 So. 3d 863· Fla. 3d DCA· 2010-10-13 ·cited 2×
  The appellate court granted certiorari, finding the trial court erred by denying a stay of ejectment proceedings. This denial prevented the homeowner's association from pursuing a "Betterment" claim, which compensates parties for improvements made to property they lose in an ejec
• Tarik, Inc. v. NNN Acquisitions, Inc.
  17 So. 3d 912· Fla. 4th DCA· 2009-09-30 ·cited 2×
  Tarik, Inc. appealed a summary judgment order granting NNN Acquisitions, Inc.'s claim for possession of real property. The Florida Fourth District Court of Appeal dismissed the appeal for lack of jurisdiction, holding that a summary judgment order does not determine the immediate
• Roth v. All-American Inv. Props., LLC
  944 So. 2d 1239· Fla. 2d DCA· 2006-12-27 ·cited 2×
  The circuit court erred in issuing a writ of possession without conducting a hearing on the appellant's exceptions to a magistrate's recommendation.
• Blethen v. Henry
  661 So. 2d 56· Fla. 2d DCA· 1995-05-31 ·cited 2×
  The appellants (Blethen and C.N.B. Land Services) won a dismissal and attorney's fees award against the Henrys in circuit court. The trial court later declared its own fee award null and void without a motion from the Henrys. The appellate court reversed, holding that a trial cou
• Humboldt Placer Mining Co. v. Best
  293 F.2d 553· 9th Cir.· 1961-08-18 ·cited 2×
  The court held that the district court erred in refusing to enjoin administrative proceedings concerning mining claim validity, as that issue was already properly before the court in a condemnation action.
• Peterson v. Baker
  168 F.2d 684· 8th Cir.· 1948-06-09 ·cited 2×
  The court held that the debtors' appeal from the dismissal of their bankruptcy proceedings was untimely and that the prior orders striking the 80-acre tract were not subject to review. The court affirmed the dismissal order.
• Pro-Karting Experience, Inc. v. 34th St.
  378 So. 3d 669· Fla. 2d DCA· 2024-01-12 ·cited 1×
  The appellate court dismissed a tenant's petition for certiorari, finding that the challenge to a writ of possession was moot due to a subsequent order voiding the writ, and the challenge to a partial summary judgment order was untimely filed, thus divesting the court of jurisdic
• Ashbil D. Gill v. Parvez
  332 So. 3d 543· Fla. 3d DCA· 2021-12-15 ·cited 1×
  Ashbil Gill and Erma Jacov appealed a default final judgment entered against them in an eviction action filed by landlord Alexander Parvez. The trial court struck the Gills' answer and entered default judgment after they failed to pay accrued rent into the court registry, despite
• Soundbar, LLC v. BYM Commercial
  328 So. 3d 1097· Fla. 5th DCA· 2021-10-14 ·cited 1×
  In a commercial eviction case, Soundbar, LLC appealed a final judgment for possession after failing to deposit unpaid rent into the court registry as ordered. The court affirmed, holding that under Florida Statute § 83.232, the trial court properly limited the rent determination
• Lazara A. Rodriguez v. THE Bank of NEW York Mellon
  328 So. 3d 53· Fla. 3d DCA· 2021-09-22 ·cited 1×
  Lazara Rodriguez sought an emergency stay of eviction pending appeal after the trial court found Florida Statutes section 702.036 constitutional and lifted a stay of writ of possession. The court denied the stay, concluding that Rodriguez presented no cognizable legal grounds and
• Russell Simpson as Dir. of the Dissolved Fla. Profit Corporaton Awa-Usa, Inc. v. 2699 Indus. LLC
  319 So. 3d 156· Fla. 3d DCA· 2021-04-07 ·cited 1×
  A trial court must enter a default judgment of eviction without discretion when a tenant fails to timely deposit rent into the court registry pursuant to court order under Florida Statute § 83.232(5), unless constitutional protections such as due process or access to courts are i
• Alexandre v. Scribner Vill. Homeowners Ass'n, Inc.
  189 So. 3d 981· Fla. 4th DCA· 2016-03-30 ·cited 1×
  Marie Alexandre appealed the trial court's denial of her motion to stay a writ of possession and set aside a foreclosure sale by a homeowners association. The court reversed, holding that the trial court erred in proceeding with the foreclosure sale after Alexandre filed a Chapte
• Bernstein v. NEW Beginnings Tr., LLC.
  988 So. 2d 90· Fla. 4th DCA· 2008-07-16 ·cited 1×
  The Bernsteins appealed orders in an eviction proceeding arising from a disputed real estate transaction with New Beginnings. The trial court granted summary judgment finding the transaction was a valid sale and leaseback, ordering the Bernsteins to deposit unpaid rent into the c
• Neuschatz v. Rabin
  760 So. 2d 1018· Fla. 4th DCA· 2000-06-14 ·cited 1×
• Matter of Ross v. Metro. Dade Cnty.
  142 B.R. 1013· S.D. Fla.· 1992-06-01 ·cited 1×
  A residential lease is not considered 'expired' for purposes of Bankruptcy Code § 365(a) until the writ of possession is executed, allowing a Chapter 13 debtor to assume the lease and cure defaults under Florida's anti-forfeiture doctrine.
• Milburn v. O'Conner
  Fla. 5th DCA· 2026-08-28
  The trial court's order regarding the right to immediate possession of property in an eviction action was properly decided and is affirmed.
• Lavallee v. McIntosh
  Fla. 3d DCA· 2026-08-14
  A pro se litigant who files more than sixty pleadings including approximately thirty repetitive and frivolous motions seeking identical relief, despite warnings and prior denials, abuses the judicial process and may be prohibited from further pro se filings and required to appear
• FLN Props., LLC v. First Stop Food Mart, Inc.
  Fla. 2d DCA· 2026-07-22
  Under section 83.232(5), Florida Statutes, a tenant's failure to deposit rent into the court registry in strict compliance with a court order requiring payment on a specific date constitutes an absolute waiver of all defenses, entitling the landlord to an immediate default judgme
• Monticello Elderly Hous. Ltd. v. Borders
  Fla. 1st DCA· 2026-06-03
  A tenant's pro se answer that does not explicitly raise payment as a defense and fails to deposit accrued rent into the court registry or file a motion to determine rent constitutes an absolute waiver of defenses other than payment, entitling the landlord to an immediate default
• Dalencour v. BTI 1179, LLC
  Fla. 3d DCA· 2026-01-28
  A default final judgment of eviction entered after a debtor files a bankruptcy petition is void because it violates the automatic stay that arises as a matter of law upon bankruptcy filing.