SIMON MILLER ET AL., CARLTON TOWER, LTD., A FLORIDA LIMITED PARTNERSHIP, AND JEROME S. MURRAY, APPELLANTS,

v.

PINELLAS COUNTY ET AL., APPELLEES

Citator

Cited By

• Gosta Tollius v. Dutch Inns OF Am., Inc., 244 So. 2d 467 (Fla. 3d DCA 1970)
• Thompson v. Thompson (Fla. 3d DCA 2022)
  …lawful detention is a statutory action created under chapter 82,” Colantonio v. Moog, 326 So. 3d 807, 809 (Fla. 5th DCA 2021), the essence of which is a claim for “unlawful withholding of possession by the defendant,” Se. Fid. Ins. Co. v. Berman, 231 So. 2d 249, 251 (Fla. 3d DCA 1970). The issue raised by a claim of unlawful detainer is one of possession, not ultimate title to the property. § 82.04, Fla. Stat. (“The court shall determine only the right of possession and any damages. Unless it is neces…
• CSC Serviceworks, Inc. v. Boca Bayou Condo Assoc., 240 So. 3d 12 (Fla. 4th DCA 2018)
  …t, was not at issue in the unlawful detainer action. See § 82.05, Fla. Stat. (2017) (providing that “[n]o question of title, but only right of possession and damages, is involved in the action” of unlawful detainer); Se. Fid. Ins. Co. v. Berman, 231 So. 2d 249, 251 (Fla. 3d DCA 1970) (reiterating that “[t]he gist of an action for unlawful detainer is the unlawful withholding of possession by the defendant,” and holding that an unlawful detainer action “is not the proper remedy where it is obvious to t…

Authorities Cited

• Metro. Dade Cnty. v. Tropical Park, Inc., 231 So. 2d 243 (Fla. 3d DCA 1970)
• ST. JOE Paper Co. v. Brown, 210 So. 2d 725 (Fla. 1st DCA 1968)
• United Bonding Ins. Co. v. Miller Indus., Inc., 210 So. 2d 725 (Fla. 3d DCA 1968)