Cheves v. Equicredit Corp.

Docket: Nos. 5D02-2138, 5D02-2296

Court: District Court of Appeal of Florida; August 15, 2003; Florida; State Appellate Court

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Corine and Vincent Cheves appeal an order from the trial court that granted Equicredit Corporation's motion to enforce writs of possession following the foreclosure of their mortgage. The appellate court found no evidence of abuse of discretion by the trial court in enforcing the writs. The court emphasized that it was the trial court's role to determine the Cheveses' entitlement to relief from the foreclosure judgment, not the appellate court's. Ultimately, the appellate court upheld the trial court's conclusion that the Cheveses were not entitled to relief and that Equicredit was entitled to possession of the property. The order of the trial court is affirmed. Judges Peterson and Monaco concur.