final until disposition of timely filed motion for rehearing.
Appeal from the Circuit Court for Miami-Dade County, Lower
Tribunal No. 08-37960 Eric William Hendon, Judge.
Alfonso Oviedo-Reyes, for appellant.
Offices of Damian G. Waldman, P.A., and Damian G. Waldman
(Largo), for appellee.
SUAREZ, SALTER and EMAS, JJ.
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
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
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
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
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.
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.
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
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 ...