VALERIE FLOYD, APPELLANT,
v.
THE HOUSING AUTHORITY OF THE CITY OF ORLANDO, FLORIDA, APPELLEE
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 court reversed an eviction judgment as moot because the underlying partial summary judgment had been reversed in a related appeal, requiring dismissal of the eviction complaint without prejudice.
An eviction judgment must be reversed when the underlying partial summary judgment upon which it is based has been reversed in a related appeal.
[1] An eviction judgment based on a partial summary judgment that has been reversed in a related appeal must be reversed as moot.
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 intelligenceAppellant Floyd and other tenants appealed a partial summary judgment granting the Housing Authority possession. During the appeal, the judgment was s…
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 Hardship cases and more on FLexlaw
COWART, Judge.
Appellant and other tenants first appealed a partial summary judgment giving the appellee Housing Authority possession of leased premises. While that appeal was pending in this court the appealed judgment was stayed on the condition that the appellant pay her rent into the court registry. The appellant failed to pay as required and defended her failure on the ground that under her lease she was entitled to a rent reduction because of certain facts she considered a hardship. The trial court held against her contentions, vacated the stay order and entered a final judgment of eviction. This second appeal was taken from these later acts of the trial court.
In the meantime, this court has disposed of the first appeal by reversing the partial summary judgment and directing the eviction complaint be dismissed without prejudice. See Quinn v. Housing Authority of the City of Orlando, Florida, 385 So. 2d 1167 (Fla. 5th DCA 1980).
The propriety of the trial court’s order vacating the order staying the Housing Authority’s right to possession pending the first appeal is now moot and because the final judgment of eviction is based on the defective eviction complaint and on the reversed partial summary judgment, it must also be
REVERSED.
DAUKSCH, C. J., and FRANK D. UP-CHURCH, Jr., J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Quinn v. The Hous. Auth. OF the City OF Orlando, 385 So. 2d 1167 (Fla. 5th DCA 1980)