KELLON LEWIS VS SFR JV-2 PROPERTY, LLC
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An eviction order issued after a bankruptcy petition is filed is void because it violates the automatic stay under 11 U.S.C. § 362(a)(1), which applies to all entities and becomes effective upon the filing of the petition.
[1] An order issued in violation of the automatic stay triggered by a bankruptcy petition filing is void ab initio, and this voidness applies regardless of whether the issuin…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Filing a bankruptcy petition triggers 'an automatic stay of all proceedings against a debtor effective the date the petition is filed and actions taken in violation of the stay are void even if there is no actual notice of the stay.'”
Court citing Echo River Sanctuary, LLC v. 21st Mortg. Corp., 348 So. 3d 1191, 1196 (Fla. 1st DCA 2022)
Kellon Lewis was the subject of an eviction order issued by the County Court for Polk County. Lewis filed a bankruptcy petition, which triggered an au…
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SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 6D2024-0762 Lower Tribunal No. 2023-CC-000570 _____________________________
KELLON LEWIS, Appellant, v. SFR JV-2 PROPERTY, LLC, Appellee. _____________________________
Appeal from the County Court for Polk County. Stacie L. Kaylor, Judge.
June 27, 2025
ON CONFESSION OF ERROR
BROWNLEE, J.
Appellant Kellon Lewis appeals an order of eviction. His landlord, Appellee SFR JV-2 Property, LLC, confesses error, acknowledging that the order on appeal was issued in violation of an automatic stay that went into effect upon Appellant’s filing of a bankruptcy petition. Under federal law, a bankruptcy petition “operates as a stay, applicable to all entities, of . . . the commencement or continuation . . . of a judicial, administrative, or other action or proceeding against the debtor that was or could have been
2
commenced before the commencement of the [bankruptcy] case . . . .” 11 U.S.C. § 362(a)(1). Thus, “[f]iling a bankruptcy petition triggers ‘an automatic stay of all proceedings against a debtor effective the date the petition is filed and actions taken in violation of the stay are void even if there is no actual notice of the stay.’” Echo River Sanctuary, LLC v. 21st Mortg. Corp., 348 So. 3d 1191, 1196 (Fla. 1st DCA 2022) (quoting Personalized Air Conditioning, Inc. v. C.M. Sys. of Pinellas Cnty., Inc., 522 So. 2d 465, 466 (Fla. 4th DCA 1988)). Because the automatic stay was in effect when the eviction order was issued, we accept Appellee’s confession of error, reverse the order as void, and remand for further proceedings.1 We express no opinion on the merits of the eviction action, and reject Appellant’s other arguments without further comment. REVERSED and REMANDED.
WHITE and SMITH, JJ., concur.
Kellon Lewis, Haines City, pro se.
Eric W. Bossardt and Brian C. Chase, of Atlas Law, Tampa, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
AND DISPOSITION THEREOF IF TIMELY FILED
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Citator
Authorities Cited
- Personalized AIR Conditioning, Inc. v. C.M. Sys. OF Pinellas Cnty., Inc., 522 So. 2d 465 (Fla. 4th DCA 1988)
- Echo River Sanctuary, LLC v. 21st Mortg. Corp., 348 So. 3d 1191 (Fla. 1st DCA 2022)