E Coast Investments, LLC v. Delia
A tax deed purchaser sought a writ of possession under section 197.562, Florida Statutes, after the former owners refused to surrender the property. The trial court declined to reach the merits, reasoning that granting the writ while an ejectment count remained pending could produce inconsistent verdicts. The Third District reversed, holding that section 197.562 affords a summary chancery proceeding (no jury trial) and that no inconsistent-verdict risk existed because the ejectment claim rested on the same entitlement to possession under the tax deed.
Key facts
- E Coast Investments, LLC, a tax deed purchaser, sought a writ of possession under section 197.562, Florida Statutes, against Delia, the former property owner, who refused to surrender the property after the tax deed sale.
- The trial court declined to rule on the merits of the writ of possession motion, reasoning that granting the writ while an ejectment count remained pending could result in inconsistent verdicts.
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Why it matters
The opinion clarifies the mechanics of the rarely litigated writ-of-assistance remedy in section 197.562: tax deed purchasers get an expedited chancery hearing, not a full jury trial, and pending ejectment counts are no… — full analysis with a trial
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