RULE 1.580. WRIT OF POSSESSION
Rule text current through The Florida Bar’s October 1, 2026 edition of the Florida Rules of Civil Procedure (amendments through 2026 WL 2603472). Cox Law, PLLC endeavors to update these pages as rule changes are adopted, but be sure to verify the current rule with the official Florida Bar publication or the Florida Supreme Court before relying on it. Page updated October 12, 2026.
(a) Issuance. When a judgment or order is for the delivery of possession of real property, the judgment or order shall direct the clerk to issue a writ of possession. The clerk shall issue the writ forthwith and deliver it to the sheriff for execution.
(b) Third-Party Claims. If a person other than the party against whom the writ of possession is issued is in possession of the property, that person may retain possession of the property by filing with the sheriff an affidavit that the person is entitled to possession of the property, specifying the nature of the claim. Thereupon the sheriff shall desist from enforcing the writ and shall serve a copy of the affidavit on the party causing issuance of the writ of possession. The party causing issuance of the writ may apply to the court for an order directing the sheriff to complete execution of the writ. The court shall determine the right of possession in the property and shall order the sheriff to continue to execute the writ or shall stay execution of the writ, if appropriate.
Committee Notes
1980 Amendment. There was inadvertently continued the difference between writs of assistance and writs of possession when law and chancery procedure was consolidated. The amendment eliminates the distinction. Writs of assistance are combined with writs of possession. The amendment provides for issuance and the determination of third-party claims. The only change is to shift the burden of the affidavit from the person causing the writ to be executed to the third person who contends that its execution is inappropriate.
Browse related blog articles to read more or browse blog articles related Fla.R.Civ.P. Rule 1.580
Please contact 813-685-8600 if you require legal assistance or for a free consult. The content of this page neither creates nor solicits an attorney client relationship.
Rule Update: Text verified October 12, 2026 against The Florida Bar’s October 1, 2026 edition of the Florida Rules of Civil Procedure. Rule 1.580 has not been amended since before 2019.
Need help with a Florida civil case? Cox Law, PLLC handles civil litigation in the Tampa Bay area and throughout Florida. Call 813-685-8600 or contact us online to discuss your case.