STETSON MANAGEMENT CO., INC., D/B/A STETSON MANAGEMENT OF MASSACHUSETTS; FRANCHISE ASSOCIATES, INC.; BROWNLEE REAGAN; AND HMH RESTAURANTS, LLC, APPELLANTS,
v.
FIDDLER'S ELBOW, INC., APPELLEE
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.
The court reversed a trial court's stay of a final judgment for possession in a commercial landlord-tenant dispute. Because the tenant failed to timely deposit rent into a court-ordered registry account, the landlord was entitled to immediate possession under Florida Statutes § 83.232(5), which gives courts no discretion to stay such judgments.
A trial court has no discretion to stay a final judgment for possession when a tenant fails to timely deposit rent into the court registry. Under § 83.232(5), such failure constitutes an absolute waiver of the tenant's defenses, and the landlord is entitled to immediate default and possession without further notice or hearing.
[1] A landlord is entitled to immediate possession of the property without further notice or hearing when a tenant fails to timely deposit monthly rent payments into the cour…
[2] A trial court has no discretion to stay a final judgment for possession when a tenant fails to timely deposit rent into the court registry pursuant to a court order.
Previewing 2 of 3 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“Failure of the tenant to pay the rent into the court registry pursuant to court order shall be deemed an absolute waiver of the tenant's defenses. In such case, the landlord is entitled to an immediate default for possession without further notice or hearing thereon.”
This statutory provision establishes that tenant's late payment constitutes absolute waiver and entitles landlord to immediate possession with no further proceedings.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceReagan owned commercial property leased to Stetson, which subleased it to Fiddler's Elbow. After rent payment disputes arose, the trial court entered …
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 Writ Of Possession cases and more on FLexlaw
Appellants, Stetson Management Company, Inc., and Brownlee Reagan, challenge the orders entered in favor of Fiddler’s Elbow, Inc., that stayed a final judgment for possession and denied Reagan’s motion to dissolve the stay. We agree with appellants that because the tenant, Fiddler’s Elbow, did not timely deposit its monthly rent payment as required by court order, that Reagan, as landlord, was entitled to immediate possession of the property. Accordingly, we reverse.
Reagan, the owner of the commercial property involved in this controversy, *718leased the property to Stetson. Stetson then subleased the property to Fiddler’s. When disputes arose between the parties regarding the payment of rent, Stetson filed a motion to determine the amount of rent to be deposited in the registry of the court. Thereafter, the trial court entered an agreed order reflecting the parties’ stipulation that beginning on July 5, 2008, all rents owed by Stetson and Fiddler’s shall be deposited into an interest-bearing account no later than the close of business on the fifth day of each month.
When Fiddler’s first monthly payment was late,1 Reagan filed a motion for default and immediate possession of the property. Following a hearing, the trial court entered a final order granting Reagan possession of the property. Fiddler’s moved for rehearing, or in the alternative, to stay the final judgment of possession pending the resolution of underlying issues which it alleged were “determinative of Fiddler’s rights in and to the property.” The court denied Fiddler’s motion for rehearing but granted its motion to stay the final judgment, stating that “[gjood cause has been shown.” This was error.
Section 83.232, Florida Statutes (2008), governs rent payments into the court registry in an action by a landlord of a nonresidential tenancy which includes a claim for possession of the property. “Subsection (5) provides: ‘Failure of the tenant to pay the rent into the court registry pursuant to court order shall be deemed an absolute waiver of the tenant’s defenses. In such case, the landlord is entitled to an immediate default for possession without further notice or hearing thereon.’ ” 214 Main Street Corp. v. Tanksley, 947 So.2d 490, 492 (Fla. 2d DCA 2006). Under the mandatory terms of section 83.232(5), the trial court had no discretion to stay the final judgment of possession; Reagan was entitled to immediate possession of the property upon Fiddler’s failure to timely deposit its rent payment. See id.; Blandin v. Bay Porte Condo. Ass’n, 988 So.2d 666, 669-70 (Fla. 4th DCA 2008) (citing 214 Main Street and stating that under section 83.232(5), a trial court has no discretion to excuse a tenant’s failure to timely pay rent). Accordingly, we reverse and remand for the court to issue a writ of possession in favor of Reagan.
Reversed and remanded.
ALTENBERND and WHATLEY, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
DTRS Intercontinental Miami, LLC v. A.K. Gift Shop, Inc., 77 So. 3d 785 (Fla. 3d DCA 2011)…plain language of section 83.232(5), DTRS Intercontinental is entitled to an immediate writ of possession. See id.; see also Poal Wk Taft, LLC v. Johnson Med. Ctr. Corp., 45 So. 3d 37 (Fla. 4th DCA 2010); Stetson Mgmt. Co. v. Fiddler’s Elbow, Inc., 18 So. 3d 717 (Fla. 2d DCA 2009); 214 Main St. Corp. v. Tanksley, 947 So. 2d 490 (Fla. 2d DCA 2006). Reversed and remanded for entry of an immediate writ of possession. . In contrast, a trial court errs in refusing to vacate orders that are not mailed to the pa…
-
Bimini Props., Inc. v. Puff or SIP Hookah Lounge & Liquor Store LLC (Fla. 3d DCA 2022)…DCA 2019) (quoting State v. Styles, 962 So. 2d 1031, 1032 (Fla. 3d DCA 2007)). case, the landlord is entitled to an immediate default for possession without further notice or hearing thereon.”); see also Stetson Mgmt. Co. v. Fiddler’s Elbow, Inc., 18 So. 3d 717, 718 (Fla. 2d DCA 2009). Indeed, it is well settled that a trial court has a non-discretionary, ministerial duty to issue a writ of possession under the circumstances set forth in the statute, Courthouse Tower, Ltd. v. Manzini & Assocs., 683 So. 2d…
-
Puff or Sip Hookah Lounge & Liquor Store LLC v. Bimini Props. Inc. (Fla. 3d DCA 2022)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- 214 Main St. Corp. v. Tanksley, 947 So. 2d 490 (Fla. 2d DCA 2006)
- Blandin v. BAY Porte Condo. Ass'n, Inc., 988 So. 2d 666 (Fla. 4th DCA 2008)