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.
Rex 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.