Florida Family Law Rule 12.580 - WRIT OF POSSESSION | Syfert Law

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Florida Family Law Rule 12.580

RULE 12.580. WRIT OF POSSESSION

(a) Issuance. When a judgment or order is for the delivery of
possession of real property, the judgment or order shall direct the
clerk to issue a writ of possession. The clerk must issue the writ
immediately and deliver it to the sheriff for execution.

(b) Third-Party Claims. If a person other than the party
against whom the writ of possession is issued is in possession of
the property, that person may retain possession of the property by
filing with the sheriff an affidavit that the person is entitled to
possession of the property, specifying the nature of the claim. The
sheriff must then desist from enforcing the writ and must serve a
copy of the affidavit on the party causing issuance of the writ of
possession. The party causing issuance of the writ may apply to the
court for an order directing the sheriff to complete execution of the
writ. The court will determine the right of possession in the property
and may order the sheriff to continue to execute the writ or may
stay execution of the writ, if appropriate.
Link to Florida Bar Official Rule 12.580

Cases Citing Rule 12.580

Total Results: 2

In Re Family Law Rules of Procedure

663 So. 2d 1049, 20 Fla. L. Weekly Supp. 581, 1995 Fla. LEXIS 1953, 1995 WL 689537

Supreme Court of Florida | Filed: Nov 22, 1995 | Docket: 1313670

Cited 15 times | Published

------------------------------------------- RULE 12.580. WRIT OF POSSESSION Writs of possession shall

Category: Family Law

In Re: Amendments to Florida Family Law Rules of Procedure

214 So. 3d 400, 42 Fla. L. Weekly Supp. 319, 2017 WL 1031456, 2017 Fla. LEXIS 598

Supreme Court of Florida | Filed: Mar 16, 2017 | Docket: 4618309

Published

party. Commentary [no change] RULE 12.580. WRIT OF POSSESSION Writs-of possession-shall-be

Category: Family Law