18 46 SIMMONDS
v.
VILLAGE SQUARE APTS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Pearley Simmonds appealed an eviction judgment entered against her by Village Square Apartments. The Fifteenth Judicial Circuit Court, Appellate Division reversed the judgment, holding that Village Square Apartments lacked standing because the lease agreement was with a different entity, Village Square Family Ltd.
Village Square Apartments lacked standing to bring the eviction action because it was not the party to the lease agreement. The trial court's final judgment in favor of Village Square Apartments must be reversed.
[1] A plaintiff must have a legal right to bring an action in court; otherwise, the action will be dismissed.
[2] An appellate court may review a lower court's judgment for error apparent on the face of the record, even without a full transcript of the proceedings.
Previewing 2 of 4 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“Village Square Apartments lacks standing in the eviction action because the lease agreement was between Simmonds and a different entity.”
The court's primary holding regarding the lack of standing based on the identity of the contracting party.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceSimmonds was a tenant in an apartment at Village Square. The lease agreement identified the owner as "Village Square Family Ltd." However, the evictio…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Eviction Action cases and more on FLexlaw
Village Square Apartments, Pro Se 737 Village Square Circle Delray Beach, FL 33444
PER CURIAM.
Appellant, Pearley Simmonds ("Simmonds"), appeals the final judgment entered against Simmonds in the underlying eviction action and also seeks review of several orders entered prior to the final judgment. Upon review of the record, we find that the final judgment must be reversed because Village Square Apartments lacks standing in the eviction action because the lease agreement was between Simmonds and a different entity.
This Court is not constrained to affirm if there is error apparent on the face of the record. Reyes v. BAC Home Loans Servicing L.P., 226 So. 3d 354, 358 (Fla. 2d 2017) (citing Celebrity Cruises, Inc., v. Fernandes, 149 So. 3d 744, 749 (Fla. 3d DCA 2014) ("although appellant's failure to provide transcript generally dictates affirmance, appellate court may review lower court's judgment for error apparent on its face notwithstanding absence of transcript.") The appellate record includes an Apartment Lease Contract, in which the owner of the residence was listed as "Village Square Family Ltd." In the original complaint, however, the plaintiff was listed as "Village Square Apartments." Under these circumstances, the lack of a transcript of the trial court proceeding does not impede our consideration of Simmonds' challenge to the trial court's denial of her motions and ensuing award of damages to Village Square Apartments.
Because Village Square Apartments is an improper plaintiff in this action and thus lacks standing, we REVERSE the trial court's final judgment in favor of Village Square Apartments and REMAND for further proceedings.
COATES, SASSER, and KERNER, JJ., concur. IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA
PEARLEY SIMMONDS, Appellant,
V.
VILLAGE SQUARE APARTMENTS, Appellee.
APPELLATE DIVISION (CIVIL): AY CASE NO.: 502018AP000046CAXXMB L.T. NO.: 502018CC003252XXXXSB
Opinion/Decision filed: JUN 1 9 2019 Appeal from Palm Beach County Court Judge Reginald Corlew Date of Appeal: May 21, 2018
DATE OF PANEL: April 16, 2019 PANEL JUDGES: COATES, SASSER, KERNER
AFFIRMED/REVERSED/OTHER: REVERSE
PER CURIAM OPINION/DECISION BY: PER CURIAM
CONCURRING: ) DISSENTING: ) With/Without Opinion ) CONCURRING SPECIALLY: ) With/Without Opinion ) ) ) DATE: 03/19 J. Matt Kerne J. J. ) ) DATE: 6/19 J. J. J. ) ) DATE: Mr J. J. J. ) )
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Celebrity Cruises, Inc. v. Vicente J. Fernandes, 149 So. 3d 744 (Fla. 3d DCA 2014)
- Eneida Reyes v. BAG Home Loans Servicing L.P., 226 So. 3d 354 (Fla. 2d DCA 2017)