1560-1568 DREXEL AVE LLC
v.
JOHANN C. DALTON, ETC.
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A trial court did not abuse its discretion in enjoining a landlord from interrupting a tenant's electric utility service, as such conduct violates Florida Statute § 83.67 and constitutes irreparable harm warranting injunctive relief.
[1] A landlord may not directly or indirectly terminate or interrupt utility services furnished to a tenant, including electricity, regardless of whether the landlord control…
[2] A violation of the statute prohibiting landlord interruption of utility services constitutes irreparable harm for the purposes of injunctive relief.
Previewing 2 of 5 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“A landlord of any dwelling unit governed by this party shall not cause, directly or indirectly, the termination or interruption of any utility service furnished the tenant, including, but not limited to, . . . electricity, . . . whether or not the utility service is under the control of, or payment is made by, the landlord.”
Quoting Florida Statute § 83.67(1) regarding the statutory prohibition on landlord utility interruption.
A landlord appealed a non-final temporary injunction order that enjoined it from interrupting electric utility service to a tenant's residential unit …
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Third District Court of Appeal
State of Florida
Opinion filed June 16, 2021. Not final until disposition of timely filed motion for rehearing.
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Nos. 3D21-217 Lower Tribunal Nos. 20-1895CC & 20-202 AP
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1560-1568 Drexel Avenue, LLC,
Appellant,
vs.
Johann C. Dalton, etc.,
Appellee. An Appeal from a non-final order from the County Court for Miami- Dade County, Stephanie Silver, Judge. BLU Ocean Law Group, P.A., and Nashid Sabir, for appellant. Ratzan Weissman & Boldt, and Ryan C. Tyler (Boca Raton); Legal Services of Greater Miami, and Sean Rowley, for appellee. Before FERNANDEZ, SCALES and HENDON, JJ. PER CURIAM. In this residential eviction case, 1560-1568 Drexel Ave, LLC (“Landlord”), the plaintiff below, appeals an October 4, 2020 nonfinal, temporary injunction order (“October 4 Order”) that (i) enjoins Landlord from causing the interruption of the electric utility service to the unit leased to the defendant below, Johann C. Dalton (“Tenant”), and (ii) requires Landlord to restore electricity to Tenant’s unit. Landlord also appeals that portion of the October 4 Order that imposes a $1,000 per day sanction (to be paid into the court registry) for each day, beyond October 4, that Landlord fails to comply with the injunction.1 Under Florida Rule of Appellate Procedure 9.130(a)(3)(B), we have jurisdiction to review that portion of the October 4 Order that enjoins Landlord from causing the interruption of the electric utility service to Tenant’s unit and requires Landlord to restore power to the unit. See § 83.67, Fla. Stat. (2020).2 Without further elaboration, we conclude that the trial court did not
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