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Cordero v. Washington Mutual Bank

Florida Court of Appeals, Third District

March 28, 2018

Odalys Cordero, Appellant,
v.
Washington Mutual Bank, Appellee.

         Not final until disposition of timely filed motion for rehearing.

          An Appeal from the Circuit Court for Miami-Dade County, Lower Tribunal No. 08-37960 Eric William Hendon, Judge.

          Alfonso Oviedo-Reyes, for appellant.

          Law Offices of Damian G. Waldman, P.A., and Damian G. Waldman (Largo), for appellee.

          Before SUAREZ, SALTER and EMAS, JJ.

          PER CURIAM.

         Odalys Cordero appeals from 1) the trial court's order directing issuance of a writ of possession; 2) the actual writ issued by the clerk; and 3) a subsequent order denying the motion to stay execution of the writ. We dismiss in part, and affirm in part.

         Washington Mutual Bank filed a mortgage foreclosure action against Cordero in 2008. Final judgment of foreclosure was entered in 2013, and a subsequent sale of the foreclosed property took place in 2016. The certificate of title was issued in July 2017.

         On August 2, 2017, Washington Mutual filed a verified motion for issuance of a writ of possession. On August 21, Cordero filed an eighteen-page response in opposition to the requested writ of possession.

         The court granted the motion for a writ of possession and, on August 23, 2017, rendered an order directing the clerk to issue a writ of possession, executable on or after September 8, 2017.

         On August 25, 2017, the clerk of the circuit court issued the writ, which provided that it was to be executed on or after September 8, 2017.

         On August 31, 2017, Cordero filed a motion to stay execution of the writ of possession. That motion attacked the underlying final judgment of foreclosure rendered in 2013. On September 6, 2017, the trial court denied Cordero's motion to stay execution of the writ of possession.

         On September 29, 2017, Cordero filed her notice of appeal, asserting she was appealing the August 23rd order, the August 25th writ, and the September 6th order denying stay of the writ.

         As to the August 25th writ of possession, this writ is issued by the clerk of the courts and is not an appealable order. See Lezdey v. HSBC ...


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