STATE OF FLORIDA EX REL. LOUIS C. CLARK, APPELLANT,
v.
ROBERT S. CARR, MAYOR, GEORGE A. BARKER, JR., J. D. BARNES, JOHN B. NEWSOM, W. M. SANDERLIN AND CITY OF ORLANDO, APPELLEES

Fla. 2d DCA | 1965-07-16
No. 5252
ALLEN, C.- J., SMITH, J., and WARREN, LAMAR, Associate Judge, concur.
177 So. 2d 265 Florida District Court of Appeal, Second District (1965) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Ellison v. City of Fort Lauderdale, Fla. 1965, 175 So.2d 198; DeGroot v. Sheffield, Fla. 1957, 95 So.2d 912; and State ex rel. Moody v. Baker, Fla. 1884, 20 Fla. 616.

ALLEN, C.- J., SMITH, J., and WARREN, LAMAR, Associate Judge, concur.


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  • ELI Einbinder, Inc. v. Miami Crystal ICE Co., 317 So. 2d 126 (Fla. 3d DCA 1975)
    …(1) the appellants were tenants at will from month to month, and (2) plaintiff properly terminated the tenancy, and then permitting a statutory doubling of rent for wrongfully holding over. See §§ 83.01, 83.03, 83.06 and Sill v. Smith, Fla.App.1965, 177 So. 2d 265. Accordingly, the judgment herein appealed is affirmed. Affirmed.…
  • Gautreaux v. Notarantonio, 687 So. 2d 849 (Fla. 3d DCA 1997)
    …. Notarantonio in his eviction action against defendants. The Gautreauxes occupied a boat slip under an oral tenancy agreement in the marina Notarantonio acquired; hence, that tenancy was terminable at will. § 83.01, Fla.Stat. (1995); Sill v. Smith, 177 So. 2d 265 (Fla. 2d DCA 1965). [*850] See Ralo, Inc. v. Jack Graham, Inc., 362 So. 2d 310 (Fla. 2d DCA 1978) (landlord entitled to terminate tenancy at will upon proper notice), cert. denied, 368 So. 2d 1368 (Fla.1979). However, we remand the case to the trial…
  • Keeton Corr., Inc. v. RJ & RK, Inc., 858 So. 2d 349 (Fla. 1st DCA 2003)
    …by the lessor. According to this statute, the duration of an oral lease is determined by the period of time in which rent is payable. “If payable monthly, then [the lease is] from month to month.” § 83.01, Fla. Stat. (2000); see also Sill v. Smith, 177 So. 2d 265, 267 (Fla. 2d DCA 1965). It follows that an oral agreement to occupy property and to pay rent in return qualifies as a “lease,” and that an oral lease has a specific expiration date, even though it might not be known at the time the tenancy is creat…

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