MUVICO ENTERTAINMENT, L.L.C., APPELLANT,
v.
POINTE ORLANDO DEVELOPMENT COMPANY, ETC., ET AL., APPELLEES

Fla. 5th DCA | 2000-04-14
No. 5D99-2641
PETERSON and THOMPSON, JJ„ concur.
755 So. 2d 194 Florida District Court of Appeal, Fifth District (2000) Positive Treatment
Cited by 4 cases
Opinion of the Court
SAWAYA, J.

SAWAYA, J.

We affirm the order rendered by the trial court requiring the appellant to deposit into the registry of the court rent that accrued as well as accrues during the pendency of the underlying action. We note, however, that subsection 83.232(2), Florida Statutes (1999), specifically provides that if the tenant contests the amount of money to be paid into the court registry, the court is limited to factual and legal issues concerning what constitutes rent under the lease agreement and whether the tenant is due any credits for rent that has been paid. Therefore, we make no determination concerning the trial court’s interpretation of the abatement clause contained in the lease agreement entered into between the parties to this action since that is a matter to be resolved at trial and not in proceedings under section 83.232.

AFFIRMED.

PETERSON and THOMPSON, JJ„ concur.

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  • Double Park, LLC v. Kaine Parking 125, LLC., 168 So. 3d 278 (Fla. 3d DCA 2015)
    …d into the court registry, any hearing regarding such dispute shall be limited to only the factual or legal issues concerning ... [w]hat properly constitutes rent under the provisions of the lease”); Muvico Entm’t, L.L.C. v. Pointe Orlando Dev. Co., 755 So. 2d 194, 194 (Fla. 5th DCA 2000) (“[S]ubsection 83.232(2), Florida Statutes (1999), specifically provides that if the tenant contests the amount of money to be paid into the court registry, the court is limited to factual and legal issues concerning what co…
  • Invego Auto Parts, Inc. v. Rodriguez, 994 So. 2d 1143 (Fla. 3d DCA 2008)
    …PER CURIAM. We find that the trial court did not abuse its discretion in requiring payments of rent into the registry under section 83.232(1), Florida Statutes (2007). See Muvico Entm’t, LLC v. Pointe Orlando Dev. Co., 755 So. 2d 194 (Fla. 5th DCA 2000); Premici v. United Growth Properties, L.P., 648 So. 2d 1241 (Fla. 5th DCA 1995). Affirmed. GERSTEN, C.J. and CORTIÑAS, J„ concur.…

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