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Jax Navy Federal Credit Union v. Fahrenbruch
Citations: 429 So. 2d 1330; 1983 Fla. App. LEXIS 19610Docket: No. 82-1088
Court: District Court of Appeal of Florida; April 19, 1983; Florida; State Appellate Court
An appeal was filed regarding an order that stayed the execution of a final judgment. The order granted the Defendant's Motion for Relief from Judgment, filed on December 5, 1980, and heard on October 5, 1981, which resulted in the stay of execution on the judgment entered on October 29, 1980. The order was issued by Circuit Judge Carven D. Angel on July 30, 1982, in Marion County, Florida. Upon review, the court found no factual or legal basis for the order that indefinitely prohibited the appellant from collecting a debt determined to be owed by the appellee. The appellee did not present a position on the matter, and the hearing was unreported without evidence taken. The appellant contended that the stay was granted under the Soldiers’ and Sailors’ Civil Relief Act, asserting that the appellee is not entitled to relief under the Act as he is a former serviceman, not an active serviceman. Consequently, the court reversed the order and remanded the case to the circuit court, allowing the appellant to enforce the judgment. Judges Orfinger and Cowart concurred with the decision.