Florida Circuit Courts, 1990

Metropolitan Dade County v. Green

Metropolitan Dade County v. Green
Florida Circuit Courts · Decided September 11, 1990
43 Fla. Supp. 2d 85

Counsel

APPEARANCES OF COUNSEL, Valerie Levy Rennert, Esquire, Assistant County Attorney, for appellant., Callie Green, pro se.

Metropolitan Dade County v. Green

Opinion of the Court

OPINION OF THE COURT

PER CURIAM

We reverse. The appellant’s only challenge to the Final Judgment for possession in this removal of tenant action is that in drawing a line through the words “and let writ of possession issue forthwith,” the lower court in essence indefinitely stayed the issuance of a writ of possession, or withheld the remedy altogether. We agree that in so doing, the lower court erred.

We therefore reverse only the challenged portion of the lower court’s *86judgment and remand the case with instructions to issue a writ of possession pursuant to the provisions of section 83.62, Florida Statutes (1989).

REVERSED and REMANDED with instructions.

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