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Looking for Sample Notice of Appeal to 2nd DCA. Emergency Motion to Stay writ of Possession Florida Foreclosure, Not Served
Anonymous8 views4 answers
Judge denied my Motion for Rehearing on my Stay of Writ of Possession. Myself and my Children and another Adult that's receiving Hope Hospice care all are about to be served Eviction from the Sherriff unless I can get this Appeal into the 2nd DCA and Request a Emergency Stay. The Lee County Rocket Docket has just heard enough of me I presume and the now I have to go over their head to District Court. Out of Money and must File this ProSe Today. It's My Last Shot! I have been on Scribd and Having trouble finding Appropriate Documents for my Need. Is there a Website or a Way to Search Notice of Appeals, so As I don't have to recreate the Wheel. Extremely time Sensitive as I may get knock on my door any minute now from Sheriff to Evict. BTW I'm basing this Appeal on the Denial of my Motion.
Mark Theodore TischhauserLitigation LawyerTampa, FL ·
As its clear that you don't know what you are doing, trying to initiate an appeal will do nothing more than get you sanctioned and cost you more money out of pocket. As a general rule, the courts could care less about the medical conditions of the tenants or that your children will be displaced. There are public housing, churches and the YMCA for such situations, and landlords are not obligated to bear the expense of you tenancy. Adding to this, there is a clear body of case law that if you have writ of possession issued as a result of 83.60(2) or 51.011, the court has no authority to issue a stay and run a risk of sanctions and exponentially increasing judgments for legal fees and expenses through your efforts.
I would advise that you consult with an attorney: your chance of going it alone and succeeding is tricky at best. If you choose not to seek counsel, check books that deal with appeals in Florida or consult the Florida Rules of Appellate Procedure on line.
