ROTH v. ALL-AMERICAN INV. PROPERTIES, LLC

No. 2D06-2935.

944 So.2d 1239 (2006)

Teri L. ROTH, aka Teri L. Donovan, Appellant, v. ALL-AMERICAN INVESTMENT PROPERTIES, LLC, All-American Foreclosure Solutions, LLC, United Mortgage Solutions, Derek K. Runion, Individually and Melissa Spencer, Individually, Appellees.

District Court of Appeal of Florida, Second District.

December 27, 2006.


Attorney(s) appearing for the Case

Colleen J. MacAlister of McDonnell Trial Lawyers, Naples, for Appellant.

Matthew Scott Toll of Lusk, Drasites & Tolisano, P.A., Cape Coral, for Appellees.


WHATLEY, Judge.

Teri L. Roth appeals an order of the circuit court issuing a writ of possession. The circuit court held that because Roth had "exhausted all remedies available at the trial level, a writ of possession shall issue forthwith on the subject property." We conclude that the circuit court erred in issuing the writ of possession and reverse.

The circuit court had previously referred this cause to a magistrate to conduct a hearing on the Appellees...

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