Vivian Dalencour v. BTI 1179, LLC

Summary

The Third District Court of Appeal of Florida considered an appeal from a default final judgment of eviction and writ of possession. The court held that the judgment and writ were entered in violation of the automatic stay triggered by the appellant’s prior bankruptcy filing, vacated them, and remanded for further proceedings.

Holdings

1. A default final judgment of eviction and writ of possession entered after the filing of a bankruptcy petition were entered in error because the filing triggered the automatic stay; actions taken in violation of the stay are void and without effect.

Questions Presented

1. Whether a default final judgment of eviction and writ of possession entered after the appellant filed a bankruptcy petition were void because they violated the automatic stay.
2. Whether the default final judgment and writ of possession should be vacated and the cause remanded for further proceedings.

Disposition

reversed_and_remanded