HOLIDAY PLAZA INVESTMENT CORP., A FLORIDA CORPORATION, APPELLANT,
v.
JANICE CLARK, APPELLEE

Fla. 4th DCA | 1975-01-17
No. 73-1313
CROSS and MAGER, JJ., concur.
306 So. 2d 161 Florida District Court of Appeal, Fourth District (1975) Positive Treatment
Cited by 4 cases
Topics
Eviction Attorney'S Fees

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Opinion of the Court
COWART, JOE A., Jr., Associate Judge.

COWART, JOE A., Jr., Associate Judge.

The trial judge dismissed a complaint for eviction of a tenant from a mobile home lot because the complaint did not allege one of the grounds then contained in Section 83.271(1), F.S. The trial judge held the statute was exclusively applicable and de-dined to hold that an oral tenancy at will or from month to month of a mobile home lot was also subject to termination under Sections 83.01, 83.02, and 83.03, F.S.

Since this appeal was filed our Supreme Court has decided Stewart v. Green, 300 So. 2d 889 (Fla.1974) and Palm Beach Mobile Homes, Inc. v. Strong, 300 So. 2d 881 (Fla.1974). Those cases uphold the constitutionality of, and construe, the statute here in question and, at least by implication, indicate that the statute applies to all oral leases of mobile homes and mobile home lots. We find no basis for holding that the trial judge abused judicial discretion in determining $900.00 to be a reasonable attorney’s fee for counsel for the tenant.

The appealed judgments are

Affirmed.

CROSS and MAGER, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Donovan v. Environs Palm Beach, 309 So. 2d 561 (Fla. 4th DCA 1975)
    …that a mobile home park owner or operator may not evict a mobile home owner or mobile home dweller other than for the reasons set forth in Section 83.271, F. S. (Chapters 73-182 and 73-330, Laws of Florida.)1 Holiday Plaza Investment Corp. v. Clark, 306 So. 2d 161, Fourth District Court of Appeal opinion filed January 13, 1975. See also Stewart v. Green, Fla. 1974, 300 So. 2d 889; Palm Beach Mobile Homes, Inc. v. Strong, Fla.1974, 300 So. 2d 881. Inasmuch as the complaint for eviction in the instant case did…
  • Felicitas Sanchez v. Mercy Hosp., 386 So. 2d 42 (Fla. 3d DCA 1980)
    …yees Insurance Company [*43] v. Wheelus, 319 So. 2d 181 (Fla. 4th DCA 1975). Only affirmative defenses appearing on the face of a prior pleading may be asserted in a motion to dismiss. Fla.R. Civ.P. 1.110(d); Kansas City Mortgage Company v. Burgess, 306 So. 2d 161 (Fla. 4th DCA 1975); Stern v. First National Bank of South Miami, 275 So. 2d 58 (Fla. 3d DCA 1973). Reversed and remanded.…

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