CITY OF MIAMI, PETITIONER,
v.
FRANK SMITH, RESPONDENT
PER CURIAM.
Pursuant to the mandatory terms of section 83.232(5), Florida Statutes (1995), the county court judge was required to issue an immediate writ of possession for the premises involved in this case. Courthouse Tower, Ltd. v. Manzini & Assocs., 683 So. 2d 215 (Fla. 3d DCA 1996), and cases cited. Since the action of the circuit court in denying the landlord’s application for review of the decision to the contrary was thus itself a clear departure from the essential requirements of the law resulting in an injustice to the landlord, see Haines City Community Dev. v. Heggs, 658 So. 2d 523 (Fla.1995), we quash that decision and order the circuit court forthwith to order the county court to issue such a writ immediately. Certiorari granted.1
. This order shall take effect immediately and without regard to the pendency or disposition of any motion for rehearing in this court or any other proceeding in either of the lower courts.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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214 Main St. Corp. v. Tanksley, 947 So. 2d 490 (Fla. 2d DCA 2006)…ord is entitled to an immediate default for possession without further notice or hearing thereon.” § 83.232(5). Cases addressing this statute support the view that the Landlords here are entitled to a writ of possession. See City of Miami v. Smith, 698 So. 2d 320 (Fla. 3d DCA 1997) (stating that county judge was required to issue an immediate writ of possession pursuant the mandatory terms of section 83.232(5)); Chartier v. Sherman, 672 So. 2d 604 (Fla. 3d DCA 1996) (denying certiorari relief to tenant and u…
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Blandin v. BAY Porte Condo. Ass'n, Inc., 988 So. 2d 666 (Fla. 4th DCA 2008)…egislature intended that a landlord’s right to possession be absolute. The statute does not allow for" a procedure whereby a trial court may excuse the tenant’s noncompliance with its prior order. 947 So. 2d at 492. See also City of Miami v. Smith, 698 So. 2d 320 (Fla. 3d DCA 1997) (“Pursuant to the mandatory terms of section 83.232(5), ... the county court judge was required to issue an immediate writ of possession for the premises involved in this case.”). In the instant case, it was undisputed that the a…
Authorities Cited
- Haines City Cmty. Dev. v. Leila Heggs, 658 So. 2d 523 (Fla. 1995)
- Washington v. State, 683 So. 2d 215 (Fla. 4th DCA 1996)