[RPPTL LandTen] Writ of Possession?
Can anyone figure this out?
Is the Writ of Possession suspended indefinitely?
The Clerks are all confused as well.
Harry https://www.floridasupremecourt.org/content/download/636079/7226723/AOSC20-32.pdf
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That’s my interpretation. I expect them to repeal that suspension soon.
Sebastian Jaramillo
Wolfe | Pincavage
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From: landten-bounces@lists.flabarrpptl.org on behalf of Harry Heist harry@evict.com
Reply-To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Date: Friday, May 29, 2020 at 2:29 PM
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Writ of Possession?
Can anyone figure this out?
Is the Writ of Possession suspended indefinitely?
The Clerks are all confused as well.
Harry
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.comhttps://link.zixcentral.com/u/de6b83bb/_CbCVtqh6hG1xInQ5F7kRg?u=http%3A%2F%2Fwww.evict.com%2F
Email: harry@evict.commailto:harry@evict.com
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Dear Colleagues,
Textually, the ‘suspension’ doesn’t have an end.
Interestingly, the Admin order seems to just say the “forthwith” requirement is suspended. Arguably, they must still issue the writ – just not “forthwith”. I suppose the difference would technically be “within a reasonable time period” instead of “immediately”. Granted, the Clerks seem to have taken the position they just don’t have to do it at all.
The general context of the orders seems to have to do with protecting the Court and protecting the public from each other while at the Court. I’m not sure if the idea of the writ ‘forthwith’ suspension is to protect the Court’s from people picking up writs (we get these writs electronically and then mail them to the Sheriff), to protect the Sheriffs, (or off-message for the order): some attempt to effectuate the Governor’s order (doesn’t seem that closely related), or a Court-effort at consumer protection.
If its consumer protection, perhaps the Court will withdraw it to coincide with the end (current) of the Governor’s current ‘suspension’ of ‘eviction and (for residential) mortgage foreclosure statutes’ on June 2 at 12:01am.
I’d love to know your thoughts.
Sincerely,
Jeremy T. Cranford
Jeremy T. Cranford, Attorney, LL.M. (Real Estate)
Board Certified Specialist in Real Estate Law
Ward & Ketchersid, P.A.
1241 Airport Rd., Ste. H, Destin, FL 32541
850.837.5507 | Fax: 850.650.9659
jcranford@flaattorney.commailto:jcranford@flaattorney.com
www.flaattorney.comhttp://www.flaattorney.com/
Licensed in Florida & Missouri
This email message is being sent from an Attorney with the law firm of Ward & Ketchersid, P.A. (the “Firm”) who is likely to be acting on behalf of a client thereof. First and because this email is likely to contain confidential and/or privileged information, please protect the information contained herein from being accessed or accessible by any other person. Second, if you have any reason to believe you should not have received this email message, please inform the Firm immediately and delete/destroy all copies hereof. Third and if you are not presently a client of the Firm, unless this email contains a specific statement that you have become a client of the Firm, (1) do not construe anything within this email message to establish an attorney-client relationship with you and (2) do not disclose any information to the Firm that you would expect the Firm to hold in confidence.
From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Harry Heist
Sent: Friday, May 29, 2020 1:29 PM
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Writ of Possession?
Can anyone figure this out?
Is the Writ of Possession suspended indefinitely?
The Clerks are all confused as well.
Harry
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
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I agree that it appears to be the "forthwith" requirement that has been
suspended. My interpretation is that writs of possession will issue
pursuant to Rule 1.550(a), which would be 10 days after the entry of the
judgment or order awarding possession.
But, I am sure the clerks will have their own interpretation and that
interpretation will differ from county to county.
Albert
Cardet Law, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783
On Fri, May 29, 2020 at 2:41 PM Jeremy Cranford JCranford@flaattorney.com
wrote:
Dear Colleagues,
Textually, the ‘suspension’ doesn’t have an end.
Interestingly, the Admin order seems to just say the “forthwith”
requirement is suspended. Arguably, they must still issue the writ – just
not “forthwith”. I suppose the difference would technically be “within a
reasonable time period” instead of “immediately”. Granted, the Clerks seem
to have taken the position they just don’t have to do it at all.
The general context of the orders seems to have to do with protecting the
Court and protecting the public from each other while at the Court. I’m not
sure if the idea of the writ ‘forthwith’ suspension is to protect the
Court’s from people picking up writs (we get these writs electronically and
then mail them to the Sheriff), to protect the Sheriffs, (or off-message
for the order): some attempt to effectuate the Governor’s order (doesn’t
seem that closely related), or a Court-effort at consumer protection.
If its consumer protection, perhaps the Court will withdraw it to coincide
with the end (current) of the Governor’s current ‘suspension’ of ‘eviction
and (for residential) mortgage foreclosure statutes’ on June 2 at 12:01am.
I’d love to know your thoughts.
Sincerely,
Jeremy T. Cranford
Jeremy T. Cranford, Attorney, LL.M. (Real Estate)
Board Certified Specialist in Real Estate Law
Ward & Ketchersid, P.A.
1241 Airport Rd., Ste. H, Destin, FL 32541
850.837.5507 | Fax: 850.650.9659
Licensed in Florida & Missouri
This email message is being sent from an Attorney with the law firm of
Ward & Ketchersid, P.A. (the “Firm”) who is likely to be acting on behalf
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From: landten-bounces@lists.flabarrpptl.org <
landten-bounces@lists.flabarrpptl.org> *On Behalf Of *Harry Heist
Sent: Friday, May 29, 2020 1:29 PM
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Writ of Possession?
Can anyone figure this out?
Is the Writ of Possession suspended indefinitely?
The Clerks are all confused as well.
Harry
*LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800
367 9038 "Serving the Property Management Professional" Website: *
www.evict.com http://www.evict.com/
- Email: *harry@evict.com harry@evict.com
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I didn’t think of 1.550, good catch!
Interestingly, the rule doesn’t necessarily control how quickly they must be issued – just that they ‘will issue’. It does say they can’t issue before recording or time for service of motions for new trial or rehearing. That changed from 10 to 15 as of a few years back (but I always try to get it done by 10).
Jeremy T. Cranford, Attorney, LL.M. (Real Estate)
Board Certified Specialist in Real Estate Law
Ward & Ketchersid, P.A.
1241 Airport Rd., Ste. H, Destin, FL 32541
850.837.5507 | Fax: 850.650.9659
jcranford@flaattorney.commailto:jcranford@flaattorney.com
www.flaattorney.comhttp://www.flaattorney.com/
Licensed in Florida & Missouri
This email message is being sent from an Attorney with the law firm of Ward & Ketchersid, P.A. (the “Firm”) who is likely to be acting on behalf of a client thereof. First and because this email is likely to contain confidential and/or privileged information, please protect the information contained herein from being accessed or accessible by any other person. Second, if you have any reason to believe you should not have received this email message, please inform the Firm immediately and delete/destroy all copies hereof. Third and if you are not presently a client of the Firm, unless this email contains a specific statement that you have become a client of the Firm, (1) do not construe anything within this email message to establish an attorney-client relationship with you and (2) do not disclose any information to the Firm that you would expect the Firm to hold in confidence.
From: landten-bounces@lists.flabarrpptl.org landten-bounces@lists.flabarrpptl.org On Behalf Of Alberto Cardet
Sent: Friday, May 29, 2020 1:47 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Writ of Possession?
I agree that it appears to be the "forthwith" requirement that has been suspended. My interpretation is that writs of possession will issue pursuant to Rule 1.550(a), which would be 10 days after the entry of the judgment or order awarding possession.
But, I am sure the clerks will have their own interpretation and that interpretation will differ from county to county.
Albert
Cardet Law, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783
On Fri, May 29, 2020 at 2:41 PM Jeremy Cranford <JCranford@flaattorney.commailto:JCranford@flaattorney.com> wrote:
Dear Colleagues,
Textually, the ‘suspension’ doesn’t have an end.
Interestingly, the Admin order seems to just say the “forthwith” requirement is suspended. Arguably, they must still issue the writ – just not “forthwith”. I suppose the difference would technically be “within a reasonable time period” instead of “immediately”. Granted, the Clerks seem to have taken the position they just don’t have to do it at all.
The general context of the orders seems to have to do with protecting the Court and protecting the public from each other while at the Court. I’m not sure if the idea of the writ ‘forthwith’ suspension is to protect the Court’s from people picking up writs (we get these writs electronically and then mail them to the Sheriff), to protect the Sheriffs, (or off-message for the order): some attempt to effectuate the Governor’s order (doesn’t seem that closely related), or a Court-effort at consumer protection.
If its consumer protection, perhaps the Court will withdraw it to coincide with the end (current) of the Governor’s current ‘suspension’ of ‘eviction and (for residential) mortgage foreclosure statutes’ on June 2 at 12:01am.
I’d love to know your thoughts.
Sincerely,
Jeremy T. Cranford
Jeremy T. Cranford, Attorney, LL.M. (Real Estate)
Board Certified Specialist in Real Estate Law
Ward & Ketchersid, P.A.
1241 Airport Rd., Ste. H, Destin, FL 32541
850.837.5507 | Fax: 850.650.9659
jcranford@flaattorney.commailto:jcranford@flaattorney.com
www.flaattorney.comhttp://www.flaattorney.com/
Licensed in Florida & Missouri
This email message is being sent from an Attorney with the law firm of Ward & Ketchersid, P.A. (the “Firm”) who is likely to be acting on behalf of a client thereof. First and because this email is likely to contain confidential and/or privileged information, please protect the information contained herein from being accessed or accessible by any other person. Second, if you have any reason to believe you should not have received this email message, please inform the Firm immediately and delete/destroy all copies hereof. Third and if you are not presently a client of the Firm, unless this email contains a specific statement that you have become a client of the Firm, (1) do not construe anything within this email message to establish an attorney-client relationship with you and (2) do not disclose any information to the Firm that you would expect the Firm to hold in confidence.
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org <landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org> On Behalf Of Harry Heist
Sent: Friday, May 29, 2020 1:29 PM
To: 'RPPTL Landlord Tenant Committee' <landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org>
Subject: [RPPTL LandTen] Writ of Possession?
Can anyone figure this out?
Is the Writ of Possession suspended indefinitely?
The Clerks are all confused as well.
Harry
LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website: www.evict.comhttp://www.evict.com/
Email: harry@evict.commailto:harry@evict.com
[cid:image001.png@01D635C0.6409DFD0]https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870
Visit us on Facebook
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I keep forgetting its 15 days now, sorry for the confusion.
Albert
Cardet Law, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783
On Fri, May 29, 2020 at 2:56 PM Jeremy Cranford JCranford@flaattorney.com
wrote:
I didn’t think of 1.550, good catch!
Interestingly, the rule doesn’t necessarily control how quickly they must
be issued – just that they ‘will issue’. It does say they can’t issue
before recording or time for service of motions for new trial or rehearing.
That changed from 10 to 15 as of a few years back (but I always try to get
it done by 10).
Jeremy T. Cranford, Attorney, LL.M. (Real Estate)
Board Certified Specialist in Real Estate Law
Ward & Ketchersid, P.A.
1241 Airport Rd., Ste. H, Destin, FL 32541
850.837.5507 | Fax: 850.650.9659
Licensed in Florida & Missouri
This email message is being sent from an Attorney with the law firm of
Ward & Ketchersid, P.A. (the “Firm”) who is likely to be acting on behalf
of a client thereof. First and because this email is likely to contain
confidential and/or privileged information, please protect the information
contained herein from being accessed or accessible by any other person.
Second, if you have any reason to believe you should not have received this
email message, please inform the Firm immediately and delete/destroy all
copies hereof. Third and if you are not presently a client of the Firm,
unless this email contains a specific statement that you have become a
client of the Firm, (1) do not construe anything within this email message
to establish an attorney-client relationship with you and (2) do not
disclose any information to the Firm that you would expect the Firm to hold
in confidence.
From: landten-bounces@lists.flabarrpptl.org <
landten-bounces@lists.flabarrpptl.org> *On Behalf Of *Alberto Cardet
Sent: Friday, May 29, 2020 1:47 PM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Writ of Possession?
I agree that it appears to be the "forthwith" requirement that has been
suspended. My interpretation is that writs of possession will issue
pursuant to Rule 1.550(a), which would be 10 days after the entry of the
judgment or order awarding possession.
But, I am sure the clerks will have their own interpretation and that
interpretation will differ from county to county.
Albert
Cardet Law, P.A.
1330 Coral Way #301
Miami FL 33145
305-403-7783
On Fri, May 29, 2020 at 2:41 PM Jeremy Cranford JCranford@flaattorney.com
wrote:
Dear Colleagues,
Textually, the ‘suspension’ doesn’t have an end.
Interestingly, the Admin order seems to just say the “forthwith”
requirement is suspended. Arguably, they must still issue the writ – just
not “forthwith”. I suppose the difference would technically be “within a
reasonable time period” instead of “immediately”. Granted, the Clerks seem
to have taken the position they just don’t have to do it at all.
The general context of the orders seems to have to do with protecting the
Court and protecting the public from each other while at the Court. I’m not
sure if the idea of the writ ‘forthwith’ suspension is to protect the
Court’s from people picking up writs (we get these writs electronically and
then mail them to the Sheriff), to protect the Sheriffs, (or off-message
for the order): some attempt to effectuate the Governor’s order (doesn’t
seem that closely related), or a Court-effort at consumer protection.
If its consumer protection, perhaps the Court will withdraw it to coincide
with the end (current) of the Governor’s current ‘suspension’ of ‘eviction
and (for residential) mortgage foreclosure statutes’ on June 2 at 12:01am.
I’d love to know your thoughts.
Sincerely,
Jeremy T. Cranford
Jeremy T. Cranford, Attorney, LL.M. (Real Estate)
Board Certified Specialist in Real Estate Law
Ward & Ketchersid, P.A.
1241 Airport Rd., Ste. H, Destin, FL 32541
850.837.5507 | Fax: 850.650.9659
Licensed in Florida & Missouri
This email message is being sent from an Attorney with the law firm of
Ward & Ketchersid, P.A. (the “Firm”) who is likely to be acting on behalf
of a client thereof. First and because this email is likely to contain
confidential and/or privileged information, please protect the information
contained herein from being accessed or accessible by any other person.
Second, if you have any reason to believe you should not have received this
email message, please inform the Firm immediately and delete/destroy all
copies hereof. Third and if you are not presently a client of the Firm,
unless this email contains a specific statement that you have become a
client of the Firm, (1) do not construe anything within this email message
to establish an attorney-client relationship with you and (2) do not
disclose any information to the Firm that you would expect the Firm to hold
in confidence.
From: landten-bounces@lists.flabarrpptl.org <
landten-bounces@lists.flabarrpptl.org> *On Behalf Of *Harry Heist
Sent: Friday, May 29, 2020 1:29 PM
To: 'RPPTL Landlord Tenant Committee' landten@lists.flabarrpptl.org
Subject: [RPPTL LandTen] Writ of Possession?
Can anyone figure this out?
Is the Writ of Possession suspended indefinitely?
The Clerks are all confused as well.
Harry
*LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800
367 9038 "Serving the Property Management Professional" Website: *
www.evict.com http://www.evict.com/
- Email: *harry@evict.com harry@evict.com
https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870
Visit us on Facebook
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