FARM MAID, INC., APPELLANT,

v.

BRIAN J. GILLER AND NEISEN O. KASDIN, D/B/A GILLER AND KASDIN, CINDY B. HALLOCK, MILTON FEINSTEIN AND FLORENCE FEINSTEIN, APPELLEES

Fla. 3d DCA | 1985-09-10

No. 85-313

Before SCHWARTZ, C.J., and DANIEL S. PEARSON and JORGENSON, JJ.

474 So. 2d 1278 Florida District Court of Appeal, Third District (1985) Positive Treatment

Cited by 5 cases

Topics

Wrongful Eviction Genuine Issue Of Material Fact

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Opinion of the Court

PER CURIAM.

We reverse in its entirety the summary judgment entered in favor of the defendants-appellees upon a holding that the defendants-appellees did not conclusively establish the nonexistence of a genuine issue of material fact. See Brown v. Armstrong World Industries, Inc., 441 So. 2d 1098 (Fla. 3d DCA 1983), rev. denied, 451 So. 2d 847 (Fla.), rev. denied, 451 So. 2d 850 (Fla. 1984); Seinfeld v. Commercial Bank & Trust Co., 405 So. 2d 1039 (Fla. 3d DCA 1981). The mere fact of the subsequent lawful eviction of the appellant, Farm Maid, Inc., from the premises in question does not establish the existence of a complete defense to this prosecution for wrongful eviction and related claims which is based upon events occurring some five months prior to such lawful eviction.

Reversed and remanded for further proceedings.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Walsh v. CAS, Inc., 633 So. 2d 561 (Fla. 4th DCA 1994)

…t contains allegations of constructive eviction based on code violations which preceded the appellee’s (landlord’s) initiation of the county court eviction action, the action is not barred by the subsequent lawful eviction. Farm Maid Inc. v. Giller, 474 So. 2d 1278 (Fla. 3d DCA 1985). However, to the extent that the counterclaim contains allegations attacking the propriety of the county court eviction proceeding for nonpayment of rent, the lawful judgment of eviction bars the claim of wrongful eviction arisi…
Ward v. Ward, 80 So. 3d 1138 (Fla. 1st DCA 2012)

…lly ejected from the property is not a complete defense to their claim that they were wrongfully evicted pursuant to the earlier action filed in the county court. Walsh v. CAS, Inc., 633 So. 2d 561, 562 (Fla. 4th DCA 1994); Farm Maid Inc. v. Giller, 474 So. 2d 1278, 1278 (Fla. 3d DCA 1985). Thus, the trial court erred in dismissing the claim for wrongful eviction based on findings related to the current litigation. The court should have focused on the events surrounding the 2006 eviction. We, therefore, revers…
Lamonaco v. Experian Info. Solutions, Inc. (M.D. Fla. 2024)

…So. 2d 288, 290 (Fla. 4th DCA 2002); Breckenridge v. Farber, 640 So.2d 208 (Fla. 4th DCA 1994); Bared & Co., Inc. v. Specialty Maint. & Const., Inc., 610 So. 2d 1, 3 (Fla. 2d DCA 1992); Onkar S. Narula, M.D., P.A. v. Cardiac Diagnostic Serv., Ltd., 474 So. 2d 1278, 1279 (Fla. 3d DCA 1985); Riverfront Props., Ltd. v. Max Factor III, 460 So.2d 948 (Fla. 2d DCA 1984); Transamerica Ins. Co. v. Weed, 420 So. 2d 370, 372 (Fla. 1st DCA 1982); Hansen v. Dean Witter Reynolds, Inc., 408 So. 2d 658, 659 (Fla. 3d DCA 198…

Authorities Cited

Elbert Brown and Edith Brown v. Armstrong World Indus., Inc., 441 So. 2d 1098 (Fla. 3d DCA 1983)
Rodger Sheets v. Sheets, 405 So. 2d 1039 (Fla. 3d DCA 1981)
Seinfeld v. Commercial Bank & Tr. Co., 405 So. 2d 1039 (Fla. 3d DCA 1981)

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