Public-domain · open source
OpenJurist

596 So. 2d 1282

Watson v. Inman

District Court of Appeal of Florida · decided 1992-04-28

Relies on 54 So. 2d 196 - Valdosta Milling Co. v. Garretson

Decided 1992-04-28

PER CURIAM.

¶1Appellants complain that relief from execution, in the form of a stay on an ore tenus motion, was granted the appellee without compliance with Florida Rule of Civil Procedure 1.550(b). The record is devoid of the required motion for stay, notice of hearing and order granting a stay based on evidence and applicable substantive law. See Valdosta Milling Co. v. Garretson, 54 So.2d 196 (Fla.1951); H. Trawick, Florida Practice and Procedure, Relief from Executions § 27-2 (1991 ed.).

¶2For the reasons stated, the stay is vacated and the cause is remanded for further consistent proceedings.

/596/so2d/1282 · .json · Public domain