HERBERT GAUTREAUX AND CAROL GAUTREAUX, HIS WIFE, APPELLANTS,
v.
JAMES A. NOTARANTONIO D/B/A WINNER SOMBRERO DOCKS, APPELLEE
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PER CURIAM.
We affirm the orders appealed by the defendants Carol and Herb Gautreaux including the summary judgment entered in favor of James A. Notarantonio in his eviction action against defendants. The Gautreauxes occupied a boat slip under an oral tenancy agreement in the marina Notarantonio acquired; hence, that tenancy was terminable at will. § 83.01, Fla.Stat. (1995); Sill v. Smith, 177 So. 2d 265 (Fla. 2d DCA 1965). See Ralo, Inc. v. Jack Graham, Inc., 362 So. 2d 310 (Fla. 2d DCA 1978) (landlord entitled to terminate tenancy at will upon proper notice), cert. denied, 368 So. 2d 1368 (Fla.1979). However, we remand the case to the trial court to calculate the amount of reimbursement the Gautreauxes are entitled to for the rent they prepaid through the end of August 1995.
Affirmed and remanded with instructions.
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Hauck v. Ocean Landing, Inc., 754 So. 2d 754 (Fla. 3d DCA 2000)…PER CURIAM. Affirmed. See Gautreaux v. Notarantonio, 687 So. 2d 849 (Fla. 3d DCA 1997).…
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Gautreaux v. Greenman, 719 So. 2d 1261 (Fla. 3d DCA 1998)…which was confirmed by letter shortly thereafter. The $7,000 check, which Greenman deposited in his firm’s account, was thus, in effect, to serve as a supersedeas to await the outcome of the appeal. This court’s opinion in Gautreaux v. Notarantonio, 687 So. 2d 849 (Fla. 3d DCA 1997), and an accompanying unreported clerk’s order generally rejected the Gautreauxs’ contentions on the merits. We did, however, uphold their position that they were not liable for attorney’s fees. Accordingly, after the mandate was i…
Authorities Cited
- State of Fla. ex rel. Louis C. Clark v. Carr, 177 So. 2d 265 (Fla. 2d DCA 1965)
- Ralo, Inc. v. Graham, 362 So. 2d 310 (Fla. 2d DCA 1978)