CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 353, 1992 Fla. LEXIS 1028, 1992 WL 125114
...83.12 as merely setting forth the individual with the authority to issue a distress writ and not as placing a restriction upon a judge’s discretion to make the required determination as set forth above. The 1980 amendment to the statute also added section 83.135, granting tenants the right to motion for dissolution of the writ at any time and requiring a hearing be held on the motion prior to the sheriff being authorized to levy on the distrained property....
...it until the sheriff levies on the property, the writ is vacated, or the court otherwise orders. A violation of the command of the writ may be punished as a contempt of court. If the defendant does not move for dissolution of the writ as provided in s. 83.135, the sheriff shall, pursuant to a further order of the court, levy on the property liable to distress forthwith after the time for answering the complaint has expired....
...The court shall hear the motion not later than the day on which the sheriff is authorized under the writ to levy on property liable under distress. If the plaintiff proves a prima facie case, or if the defendant defaults, the court shall order the sheriff to proceed with the levy. § 83.135, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 4274, 1992 WL 73364
...y to interpose a claim to it and to preclude levy of the writ. However, while perhaps Remo could have sought that remedy, in this case he is not a third party, rather he is a defendant. As such, B. Remo resorted instead to the procedure set forth in section 83.135, Florida Statutes (1989), which authorizes a defendant to move for dissolution of a distress writ....
