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WESTPORT RECOVERY CORP. v. BATISTA

No. 3D05-1879.

965 So.2d 1189 (2007)

WESTPORT RECOVERY CORP., Appellant, v. Orlando BATISTA, a/k/a Orlando Batista, Jr., Appellee.

District Court of Appeal of Florida, Third District.

September 12, 2007.

Attorney(s) appearing for the Case

Friedman & Greenberg and Debra L. Greenberg, Plantation, for appellant.

Carlos Marin, for appellee.

Before SHEPHERD, CORTIÑAS, and ROTHENBERG, JJ.

SHEPHERD, J.

Westport Recovery Corporation, as successor to First Union National Bank of Florida, appeals an order denying its motion to stay satisfaction of a writ of execution. Pursuant to section 56.021 of the Florida Statutes (2005), the sheriff may satisfy a properly issued writ of execution during its lifetime only upon it being "fully paid." Westport asserts that the writ has not been "fully paid," and therefore is not subject to satisfaction because the sheriff...

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