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NICHOLS v. MICHAEL D. EICHOLTZ ENTERPRISES, INC.

No. 97-1163.

706 So.2d 70 (1998)

Lester B. NICHOLS, Appellant, v. MICHAEL D. EICHOLTZ ENTERPRISES, INC., etc., Appellee.

District Court of Appeal of Florida, Fifth District.

February 13, 1998.

Attorney(s) appearing for the Case

Joseph M. Mason, Jr. of Merritt & Mason, P.A., Brooksville, for Appellant.

Thomas S. Hogan, Jr. of The Hogan Law Firm, Brooksville, for Appellee.

COBB, Judge.

The issue in this appeal concerns whether a writ of execution, pursuant to which a sheriff's 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...

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