FLORIDA DISCOUNT PROPERTIES, INC., APPELLANT,
v.
WINDERMERE CONDOMINIUM, INC., APPELLEE
PER CURIAM.
Appellant is the lessor under a condominium recreation lease. Appellee is the lessee condominium association, which has apparently stopped making payments on the lease because of this litigation. Appellant moved the court to order the association to pay the rent into the registry of the court pursuant to section 718.401(1)(d), Florida Statutes (1997), which the trial court denied. The lessor has appealed, and the association has moved to dismiss the appeal on the ground that the order is not appealable. We conclude that the order is appealable under Florida Appellate Rule 9.130(a)(3)(C)(ii), because it determines the right to immediate possession of property, i.e., the rent payments. Federal Home Loan Mortgage Corp. v. Molko, 584 So. 2d 76 (Fla. 3d DCA 1991). We therefore deny the motion to dismiss.
GUNTHER, KLEIN and TAYLOR, JJ., concur.
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First Hanover v. Vazquez, 848 So. 2d 1188 (Fla. 3d DCA 2003)…ugh denying relief, have been held to be orders determining the right to immediate possession of property, and as such, are appealable under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(ii). See Florida Disc. Props, v. Windermere Condo., Inc., 763 So. 2d 1084 (Fla. 4th DCA 1999)(concluding that an order denying a motion to require a tenant to pay rent into the registry of the court was appealable because it determined the right to immediate possession of property); Federal Home Loan Mortgage Corp. v. Mol…
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Tribeca Aesthetic Med. Solutions, LLC v. Edge Pilates Corp. & Bayou Meto, Inc., 82 So. 3d 899 (Fla. 4th DCA 2011)…9.130(a)(3)(C)(ii). See Greene v. Borsky, 961 So. 2d 1057 (Fla. 4th DCA 2007) (an order determining the right to immediate possession of money is an appeal-able order under this rule). See also Fla. Discount Props., Inc. v. Windermere Condo., Inc., 763 So. 2d 1084 (Fla. 4th DCA 1999). . Although this court struck the actual written notice, filed after the hearing, the transcript reveals that the notice was delivered during the hearing. (Tr. 28)…
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- Fed. Home Loan Mortg. Corp. v. Molko, 584 So. 2d 76 (Fla. 3d DCA 1991)