NATASHA PRINCE
v.
MCR APTS. 1, LLC, ETC.
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 Third District Court of Appeal reversed a default and final judgment of removal against a tenant, finding that the tenant's pending motion to determine rent should have precluded the entry of judgment.
Yes, the tenant's pending motion to determine rent precluded the entry of the default and final judgment of removal.
[1] A tenant's timely-filed motion to determine rent that remains pending and unresolved precludes entry of a final judgment of removal based on nonpayment.
Previewing 1 of 1 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“Upon the landlord’s proper and commendable confession of error, along with our own independent review of the record, we conclude the tenant’s motion for determination of rent, pending and unresolved in the trial court, precluded entry of the judgment.”
This quote establishes the primary reason for reversing the lower court's decision.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceNatasha Prince, the tenant, appealed an order of default and final judgment of removal entered in favor of her landlord, MCR Apartments 1, LLC. The la…
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 Child Support Enforcement cases and more on FLexlaw
Third District Court of Appeal
State of Florida
Opinion filed November 10, 2021.
________________
No. 3D21-2050 Lower Tribunal No. 21-25382 CC
________________
Natasha Prince,
Appellant,
vs.
MCR Apts. 1, LLC, etc.,
Appellee.
An appeal from the County Court for Miami-Dade County, Gloria Gonzalez-Meyer, Judge. Legal Services of Greater Miami, Inc., and Sean Rowley, for appellant. Langbein and Langbein, P.A., and Leslie W. Langbein, for appellee. Before EMAS, MILLER, and LOBREE, JJ. PER CURIAM.
UPON CONFESSION OF ERROR
Appellant, Natasha Prince, the tenant, challenges an order of default and final judgment of removal rendered in favor of appellee, MCR Apartments 1, LLC d/b/a Casa Matias, the landlord. Upon the landlord’s proper and commendable confession of error, along with our own independent review of the record, we conclude the tenant’s motion for determination of rent, pending and unresolved in the trial court, precluded entry of the judgment. See Axen v. Poah Cutler Manor, LLC, 323 So. 3d 800, 801 (Fla. 3d DCA 2021) (finding a tenant’s undisposed-of, timely-filed motion to determine rent precluded entry of a final judgment based on nonpayment). Hence, we reverse and remand for further proceedings. Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Yvern Jones v. IVY M. Reid (Fla. 3d DCA 2023)
-
Yvern Jones v. IVY M. Reid (Fla. 3d DCA 2023)
-
Zielinski v. Palermo (Fla. 2d DCA 2026)
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Artheisha Axen v. Poah Cutler Manor, LLC, 323 So. 3d 800 (Fla. 3d DCA 2021)