56.22
Execution sales.
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56.22 Execution sales.—
(1) All sales of property under legal process shall take place at the time, date, and place advertised in the notice of the sheriff’s sale on any day of the week except Saturday and Sunday and shall continue from day to day until such property is disposed of.
(2) Property not effectively disposed of at the initial sheriff’s sale may be readvertised, as provided in s. 56.21, upon receipt of an additional deposit to cover costs incurred in connection with the maintenance of the property under legal process. If no additional deposit is received by the sheriff, the property may be returned to the judgment debtor; if the judgment debtor refuses to accept such property, the property may be returned to a third party, such as a lienholder, upon presentation of a proper court order directing such return. If the property cannot be returned as described in this subsection, such property shall be disposed of as unclaimed or abandoned.
History.—s. 2, ch. 3256, 1881; RS 1203; GS 1632; RGS 2836; CGL 4523; s. 1, ch. 61-104; s. 11, ch. 67-254; s. 5, ch. 82-118; s. 7, ch. 87-405; s. 11, ch. 94-170; s. 14, ch. 2016-33.
Note.—Former s. 55.45.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1960–2021 · leading case: Menotte v. King (In Re King)
Menotte v. King (In Re King) (2011)
“Fla. Stat. § 56.22 provides that sales of property under legal process shall take place on any day of the week except Saturday and Sunday.”
Ohio Rlty. Inv. Corp. v. Southern Bk. of W. Palm Beach (1974)
“It is so ordered. ADKINS, C.J., and ROBERTS and ERVIN, JJ.”
Dean v. Gold Coast Theatres, Inc. (1963)
“, § 56.22, p. 2328, note 24. Myers has not been subjected to the fact revealing process of cross-examination.”
Greer v. Workman (1967)
“The amendment introduces no change here.' Kaplan, Amendments to the Federal Rules of Civil Procedure 1961 1963 (II), 77 Harvard L.”
Campbell v. Osmond (1996)
“) (citing 6 Moore's Federal Practice § 56.22(1)), cert. denied, 393 U.S. 935 , 89 S.”
Karlene Sandra Parker (2021)
“An important aspect of execution sales under Florida law is that there is no right of redemption. A right of redemption – which is sometimes called an “equity of redemption” – “generally refers to the right of an entity that has granted or suffered a lien on its property to pay…”
Bethel v. Dade County (1960)
“1959) § 56.22. When the motion is considered with reference to the admissible evidence, there is nothing introduced by plaintiff sufficient to overcome the fact that the escalator in question was operated at a speed of 120 feet per minute and that such speed complied with the…”
— 56.22(1) — 1 case
Campbell v. Osmond (1996)
“) (citing 6 Moore's Federal Practice § 56.22(1)), cert. denied, 393 U.S. 935 , 89 S.”
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