Fla. Fam. L. R. P. 12.580

RULE 12.580

WRIT OF POSSESSION

(a) Issuance. When a judgment or order is for the delivery of

possession of real property, the judgment or order shall direct the

clerk to issue a writ of possession. The clerk must issue the writ

immediately and deliver it to the sheriff for execution.

(b) Third-Party Claims. If a person other than the party

against whom the writ of possession is issued is in possession of

the property, that person may retain possession of the property by

filing with the sheriff an affidavit that the person is entitled to

possession of the property, specifying the nature of the claim. The

sheriff must then desist from enforcing the writ and must serve a

copy of the affidavit on the party causing issuance of the writ of

possession. The party causing issuance of the writ may apply to the

court for an order directing the sheriff to complete execution of the

writ. The court will determine the right of possession in the property

and may order the sheriff to continue to execute the writ or may

stay execution of the writ, if appropriate.