KEY LARGO WATERSPORTS, INC., A FLORIDA CORPORATION, APPELLANT,
v.
WHITEHURST FAMILY PARTNERSHIP, APPELLEE

Fla. 3d DCA | 2007-05-02
No. 3D07-220
Before WELLS, and ROTHENBERG, JJ., and SCHWARTZ, Senior Judge.
954 So. 2d 1278 Florida District Court of Appeal, Third District (2007) Positive Treatment
Cited by 3 cases

Opinion of the Court
WELLS, Judge.

WELLS, Judge.

Tenant, Key Largo Watersports, Inc. appeals an Order of Default for Immediate Possession entered in favor of landlord, Whitehurst Family Partnership. We agree with the Second District’s analysis in 214 Main Street Corp. v. Tanksley, 947 So. 2d 490 (Fla. 2d DCA 2006) rev. denied No. SC07-272, 956 So. 2d 457 (Fla. Apr. 17, 2007), and conclude that section 83.232(5) of the Florida Statutes governs the instant circumstances and mandates affirmance. Additionally, we find that no good cause was demonstrated to support any other result.

Affirmed.


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  • Kosoy Kendall Assocs., LLC v. LOS Latinos Rest. Inc., 10 So. 3d 1168 (Fla. 3d DCA 2009)
    …3.232, Florida Statute, the petitioner — landlord was absolutely entitled to an ex parte, immediate default for a writ of possession of the premises by section 83.232(5), Florida Statute.2 See Key Largo Watersports, Inc. v. Whitehurst Family P’ship, 954 So. 2d 1278 (Fla. 3d DCA 2007); 214 Main St. Corp. v. Tanksley, 947 So. 2d 490 (Fla. 2d DCA 2006); Courthouse Tower, Ltd. v. Manzini & Assoc., 683 So. 2d 215 (Fla. 3d DCA 1996). See also Miami Subs Real Estate Corp. v. Manhattan House, Inc., 973 So. 2d 593 (Fla…
  • Miami Subs Real Est. Corp. v. Manhattan House, Inc., 973 So. 2d 593 (Fla. 3d DCA 2008)
    …PER CURIAM. Affirmed. Key Largo Watersports, Inc. v. Whitehurst Family P’ship, 954 So. 2d 1278 (Fla. 3d DCA 2007); 2U Main St. Corp. v. Tanksley, 947 So. 2d 490 (Fla. 2d DCA 2006).…
  • Rowles v. State, 7 So. 3d 533 (Fla. 2009)
    …PER CURIAM. We have for review Rowles v. State, 954 So. 2d 1278 (Fla. 5th DCA 2007), in which the Fifth District Court of Appeal cited as authority its decision in Moore v. State, 909 So. 2d 500 (Fla. 5th DCA 2005), notice invoking discretionary review filed, No. SC05-1779 (Fla. Sept. 28, 2005). At the time the…

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