3D2025-1299
Fla. Dist. Ct. App.Sep 24, 2025Background
- Pipeline purchased the residential property at 1090 NW 123rd St, paid off the mortgage, and leased it back to Nicolas on a month-to-month basis for $1,500/month.
- Nicolas failed to pay rent; a notice to terminate the month-to-month tenancy and vacate by January 31, 2025 was served.
- Pipeline sued Nicolas for possession; attachments established that Nicolas executed a warranty deed to Pipeline, entered into a month-to-month lease, and did not pay rent.
- A clerk’s default was entered and a default final judgment for possession was entered on May 19, 2025; a writ of possession was issued and delivered to the sheriff on May 27, 2025.
- On June 4, 2025, the trial court sua sponte stayed the writ and transferred the case to circuit court, based on Nicolas’ unsigned, unsworn statements.
- Pipeline objected to the stay and transfer; the trial court did not hear sworn testimony and allowed Nicolas to speak without cross-examination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly stayed the writ and transferred the case. | Pipeline contends stay/transfer violated statutory deadlines and required sworn proof. | Nicolas argues stay is warranted to consider her claimed interests. | Trial court erred; stay and transfer reversed. |
| Whether a writ of possession could be stayed after default judgment and before post-judgment proceedings. | Pipeline was entitled to immediate writ under statutes after default judgment and nonpayment. | Nicolas claims she has some ownership or defense to possession. | Writ of possession was due to issue; stay improper. |
Key Cases Cited
- Bimini Props., Inc. v. Puff or Sip Hookah Lounge & Liquor Store, LLC, 343 So. 3d 1249 (Fla. 3d DCA 2022) (non-discretionary duty to issue writ of possession; stay improper)
- Gill v. Parvez, 332 So. 3d 543 (Fla. 3d DCA 2021) (failure to comply with rent registry waives defenses; entitlement to immediate writ)
- Rodriguez v. Bank of New York Mellon, 328 So. 3d 53 (Fla. 3d DCA 2021) (courts need clear legal bases; compassion not a basis for relief)
- Phoenix Holding, LLC v. Martinez, 27 So. 3d 791 (Fla. 3d DCA 2010) (recognizes limits of equitable relief in eviction contexts)
- Park Adult Res. Facility, Inc. v. Dan Designs, Inc., 36 So. 3d 811 (Fla. 3d DCA 2010) (courts view compassion for tenants with statute-driven, imperative approach)