Q: If the clerk issues me a premature Writ of possession in an eviction case still on appeal, should I enforce it?

A: I would strongly advise against enforcing a premature Writ of Possession while an eviction case is still pending on appeal. Here's why:

If you enforce the Writ prematurely and the tenant ultimately prevails on appeal, you could be liable for damages for wrongful eviction. This could include the tenant's costs of alternative housing, moving expenses, court costs, and even punitive damages in some cases. Wrongfully evicting a tenant is considered a serious offense.

On the other hand, if you refrain from enforcing the Writ while the appeal is pending, the worst that would likely happen is a delay in gaining possession of the property if you ultimately prevail. You may lose some rental income during this time, but that pales in comparison to the potential liability for a wrongful eviction.

The safer and more prudent course of action is to wait until the appeal has been decided before taking any steps to enforce the Writ of Possession. If you prevail on appeal, you can then confidently enforce the Writ knowing the eviction has been upheld. But if the tenant prevails, you'll be glad you didn't expose yourself to a wrongful eviction claim.

I would raise the issue of the premature Writ with the court and get clarification that it should be stayed pending appeal. But under no circumstances would I advise going ahead with an eviction until the appeal is fully resolved, even if the clerk issued the Writ early. The risks are simply too high. Let the legal process fully play out first.