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[RPPTL LandTen] New Case Writ of Possession

DA
Dariel Abrahamy
Fri, Nov 4, 2016 1:08 PM

Below is a link to Skelton v. Real Estate Solutions Home Sellers, LLC that came out today from the 5th DCA. Yes, I agree with the Court that 83.62 is in the landlord-tenant section and is entitled to Restoration of Premises to Landlord. But there are many other situations where Writs of Possession are executed where there is not a landlord-tenant relationship, such as ejectment actions under Chapter 66, unlawful detainer and unlawful entry in Chapter 82, pursuant to foreclosure judgments, etc. If a party is only protected from liability for removing personal property pursuant to a Sheriff executing a Writ of Possession under Chapter 83.62 in a landlord-tenant situation, that opens up exposure against real property owners for occupants filing conversion actions after being removed from the premises pursuant to a properly executed Writ of Possession. I find this case a bit concerning. Are there any other arguments or statutes other than under 83.62 to limit liability for removing personal property after executing a Writ of Possession?

http://www.5dca.org/Opinions/Opin2016/103116/5D15-4277.op.pdf

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DARIEL ABRAHAMY, ESQ.
Shareholder
2255 Glades Road, Suite 400-E
Boca Raton, FL 33431
P: 561-994-2212; F: 954-343-6972
Dariel.Abrahamy@gmlaw.com

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Below is a link to Skelton v. Real Estate Solutions Home Sellers, LLC that came out today from the 5th DCA. Yes, I agree with the Court that 83.62 is in the landlord-tenant section and is entitled to Restoration of Premises to Landlord. But there are many other situations where Writs of Possession are executed where there is not a landlord-tenant relationship, such as ejectment actions under Chapter 66, unlawful detainer and unlawful entry in Chapter 82, pursuant to foreclosure judgments, etc. If a party is only protected from liability for removing personal property pursuant to a Sheriff executing a Writ of Possession under Chapter 83.62 in a landlord-tenant situation, that opens up exposure against real property owners for occupants filing conversion actions after being removed from the premises pursuant to a properly executed Writ of Possession. I find this case a bit concerning. Are there any other arguments or statutes other than under 83.62 to limit liability for removing personal property after executing a Writ of Possession? http://www.5dca.org/Opinions/Opin2016/103116/5D15-4277.op.pdf [gm-horizontal-bw_nolaw2] DARIEL ABRAHAMY, ESQ. Shareholder 2255 Glades Road, Suite 400-E Boca Raton, FL 33431 P: 561-994-2212; F: 954-343-6972 Dariel.Abrahamy@gmlaw.com -- The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail. Unless specifically indicated otherwise, any discussion of tax issues contained in this e-mail, including any attachments, is not, and is not intended to be, ''written advice'' as defined in Section 10.37 of Treasury Department Circular 230. A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you.