Legal Opinion

Nichols v. Michael D. Eicholtz Enterprises, Inc.

District Court of Appeal of Florida

Decided February 13, 1998No. 97-1163PublishedCited by 1 opinion

1Opinion of the Court

COBB, Judge.

The issue in this appeal concerns whether a writ of execution, pursuant to which a sheriffs sale was ordered, is based upon a final judgment. We find that it is not and reverse the trial court’s order denying the defendant’s motion for order staying sale.

Execution is only permitted on judgments which determine with finality the rights and liabilities of parties. Shakarian v. Daum, 561 So.2d 1222 (Fla. 2d DCA 1990). Here the judgment on quantum meruit is not a final judgment because: (1) it lacks language typically associated with entry of a final money judgment such as “for which…

2Cases cited2 opinions

  1. Morand v. StoneburnerDistrict Court of Appeal of Florida · 1987
  2. Shakarian v. DaumDistrict Court of Appeal of Florida · 1990

3Cited by1 opinion

  1. Caufield v. CanteleDistrict Court of Appeal of Florida · 1999

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API