83.135

Dissolution of writ.

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83.135 Dissolution of writ.—The defendant may move for dissolution of a distress writ at any time. The court shall hear the motion not later than the day on which the sheriff is authorized under the writ to levy on property liable under distress. If the plaintiff proves a prima facie case, or if the defendant defaults, the court shall order the sheriff to proceed with the levy.

History.—s. 4, ch. 80-282.

Notes of Decisions

Cited in 2 cases, 1992–1992 · leading case: Goodman v. Brasseria La Capannina, Inc.

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Goodman v. Brasseria La Capannina, Inc. (1992) fla · cites it 3× “The court shall hear the motion not later than the day on which the sheriff is authorized under the writ to levy on property liable under distress.”

Remo v. Ecclestone (1992) fladistctapp · cites it 2× “Remo resorted instead to the procedure set forth in section 83.135, Florida Statutes (1989), which authorizes a defendant to move for dissolution of a distress writ.”

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