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PALM BEACH MARKETPLACE -v- ALEYDA’S MEXICAN, 103 So. 3d 911 (Fla. 4th DCA 2012)
Petition for Mandamus was filed to compel the trial court to enter a default judgment and writ of possession. Tenant had failed to timely post rent into the court’s registry that came due and owing, as required by F.S. §83.232. The statute provides that failure to post rent alleged as past due, or that subsequently comes due, in an action for possession is an absolute waiver of defenses entitling the landlord to immediate default for possession. This is a ministerial duty of courts, meaning there is no discretion beyond that stated in the statute. Although mandating entry of the writ of possession, the appellate court reminded the trial court that the statute only speaks to a default for possession and not to any entitlement to money damages or even to the funds previously deposited.
1 Comment
Blue Star -v- LED Trust, 128 So. 3d 36 (Fla. 3d DCA 2012)(cert. den'd)
LED Trust filed a lis pendens against property owned by the Blue Star group, an entity in which the LED Trust was investing. LED’s action turned on counts including breach of contract, violations of corporate statutory duties, fraud, conspiracy to commit fraud, and for an accounting. None of those counts could be plugged into the property owned by Blue Star. Other counts in equity were brought for declaratory and injunctive relief, imposition of a constructive trust or equitable lien, and for specific performance. But, the appellate court found LED’s equitable claims to be dim in that they were lacking a necessary connection to the subject property. The appellate court illuminated that LED was really seeking damages arising from mere membership interests in an LLC. In conclusion, the appellate court found that LED’s claims failed to establish a fair nexus between the equitable or legal ownership of the subject property and LED’s claim. Accordingly, the lis pendens could no longer cast a shadow on the title. |
AuthorRex Russo has extensive appellate experience. He has appealed administrative action decisions, judgments of Florida's county and circuit courts, Bankruptcy Court judgments, and Federal District Court judgments. Appeals have been taken as far as the Florida Supreme Court and the United States Supreme Court. ArchivesCategories
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