GARY SHTEYN AND NATALYA SHTEYN, PETITIONER,
v.
GRANDVIEW PALACE CONDO ASSN., ETC., ET AL., RESPONDENTS

Fla. 3d DCA | 2014-09-24
No. 3D14-1910
Before ROTHENBERG, LOGUE and SCALES, JJ.
147 So. 3d 675 Florida District Court of Appeal, Third District (2014) Positive Treatment
Cited by 3 cases

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.

Synopsis

Former condominium tenants sought a writ of prohibition to prevent the circuit court from adjudicating an injunction claim brought by their condominium association after they had vacated the unit. The court denied the petition, holding that the circuit court had subject matter jurisdiction over the injunction claim because the tenants were occupying the unit when the lawsuit was filed, and subsequent vacation did not divest jurisdiction.


Holding

The circuit court retains subject matter jurisdiction over the injunction claim. Because the tenants were occupying the unit when the association brought the lawsuit, the court had jurisdiction under section 718.303(l)(e), Florida Statutes, and the tenants' subsequent vacation did not divest the court of that jurisdiction.


Headnotes

[1] A circuit court's jurisdiction to grant injunctive relief to a condominium association against a tenant is established at the time the action is brought.

[2] A tenant's act of vacating a unit after a condominium association files a lawsuit for injunctive relief does not divest the circuit court of subject matter jurisdiction o…

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Key Quotes

“Actions for ... injunctive relief ... may be brought by the association ... against ... (b) [a] unit owner ... (e) [a]ny tenant leasing a unit, and any other invitee occupying a unit.”

Establishes the statutory basis for the circuit court's jurisdiction to hear injunction claims against tenants.

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Facts & Procedural History

A condominium association filed a three-count complaint against petitioners (tenants) and their landlord (unit owner) seeking to enjoin violations of …

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Opinion of the Court
SCALES, J.

SCALES, J.

Petitioners, former tenants in a residential condominium, seek a writ of prohibition, prohibiting the circuit court from proceeding to adjudicate the plaintiff condominium association’s claim seeking in-junctive relief against petitioners. Because the plaintiff may be entitled to the injunctive relief it seeks against the petitioners, we deny the petition.

I. FACTS

The plaintiff condominium association filed a three-count complaint against petitioners and their landlord, the unit owner. The complaint sought: (i) to enjoin the defendants from violating the association’s rules and regulations; (ii) eviction; and (iii) ejectment.

Several months after the complaint was filed, the tenants (petitioners here) moved out of the subject condominium unit.

The petitioners then obtained a summary judgment on the eviction and ejectment counts, as those counts were rendered moot by petitioners’ vacating the subject unit.

However, the trial court denied the petitioners’ motion for summary judgment with regard to the injunction count.

The petitioners then filed the instant petition seeking this court to enter a writ prohibiting the circuit court from continuing to exercise jurisdiction over the case.

II. ANALYSIS

Prohibition is an extraordinary remedy used to restrain the unlawful exercise of jurisdiction by the lower tribunal. See Bd. of Cnty. Comm’rs v. Wood, 662 So.2d 417, 418 (Fla. 3d DCA 1995). It is a preventative remedy granted only to prohibit the circuit court from acting in excess of its jurisdiction. Symons v. Symons, 7 So.3d 546, 547 (Fla. 3d DCA 2008).

The Florida Legislature has expressly vested Florida’s circuit courts with jurisdiction to grant injunctive relief to condominium associations against unit owners and tenants.

Section 718.303(l)(b),(e), Florida Statutes (2013), reads in relevant part, as follows: “Actions for ... injunctive relief ... may be brought by the association ... against ... (b) [a] unit owner ... (e) [a]ny tenant leasing a unit, and any other invitee occupying a unit.” (emphasis added).

Petitioners argue, however, that, since they moved out of the subject unit several months after the lawsuit was filed, they are no longer a “tenant leasing a unit” as contemplated in Section 718.303(l)(e), and the circuit court is thus divested of subject matter jurisdiction over the plaintiffs injunction claim against them.

Petitioners, though, concede that, at the time the lawsuit was “brought” by the association, they were, indeed, occupying the unit. Hence, pursuant to the unambiguous language of the subject statute, the circuit court plainly had subject matter jurisdiction at the time the action was brought. The defendants’ act of moving out of the unit after the lawsuit was filed in no way divested the circuit court of such jurisdiction. See, e.g., Atheists of Fla., Inc. v. City of Lakeland, 713 F.3d 577, 594 (11th Cir.2013) (“[A] defendant cannot automatically moot a case simply by ending its unlawful conduct once sued.”) (citation omitted).

Further, the plaintiff seeks an order from the circuit court “permanently enjoining [the petitioners] from residing in any condominium unit” governed by the subject association.

*677While it would obviously be premature for us to opine whether the plaintiff would be entitled to such relief, the circuit court surely has the subject matter jurisdiction to adjudicate the association’s claim for the requested relief.

Petition denied.


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Citator

Cited By

  • Yacenda Hudson and Amina McNeil v. Marin, 259 So. 3d 148 (Fla. 3d DCA 2018)
    …roceedings stemming from the Show Cause Order. After all, prohibition is an extraordinary, preventative remedy that is generally granted to prohibit a lower tribunal from acting in excess of its jurisdiction. Shteyn v. Grandview Palace Condo. Ass'n, 147 So. 3d 675, 676 (Fla. 3d DCA 2014). Plainly, circuit courts have the "jurisdiction" to enter show cause orders and to conduct indirect criminal contempt proceedings. Indeed, Florida Rule of Criminal Procedure 3.840 expressly authorizes a Florida trial court to…
  • …on, and St. Brendan and the Archdiocese filed their petition for prohibition. Analysis “Prohibition is an extraordinary remedy used to restrain the unlawful exercise of jurisdiction by the lower tribunal.” Shteyn v. Grandview Palace Condo. Ass’n, 147 So. 3d 675, 676 (Fla. 3d DCA 2014). We have granted such petitions based on the ecclesiastical abstention doctrine in cases involving prospective “secular court review of religious policy and administration” and the employment status of “spiritual leaders” or…

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