KOSOY KENDALL ASSOCIATES, LLC, A FLORIDA LIMITED LIABILITY COMPANY, PETITIONER,
v.
LOS LATINOS RESTAURANT INC., A FLORIDA CORPORATION F/K/A TROPICO RESTAURANT, INC., ET AL., RESPONDENTS
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A landlord is absolutely entitled to an ex parte, immediate default for a writ of possession when a tenant fails to timely deposit monthly rental payments into the court registry as required by court order.
The tenant failed to timely deposit a monthly rental payment into the court registry as ordered. The landlord sought an ex parte writ of possession. T…
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Upon the lessee’s failure to timely deposit a monthly rental payment into the registry as required by court order1 under section 83.232, 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. 3d DCA 2008)(per curiam). Because the trial court refused, after an adversarial hearing which was itself unauthorized, to issue the writ and, notwithstanding such wholly irrelevant facts as that the payment was subsequently tendered, see Main St. Corp., 947 So.2d at 492, we grant the present application for mandamus and order that a writ of possession issue forthwith. See Main St. Corp., 947 So.2d at 492; Courthouse Tower, Ltd, 683 So.2d at 215. See also Com *1169 coa, Inc. v. Coe, 587 So.2d 474 (Fla. 3d DCA1991).
Mandamus granted.3
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Republic Fed. Bank, N.A. v. Doyle, 19 So. 3d 1053 (Fla. 3d DCA 2009)…nes the terms of the statute that a sale is to be conducted “not less than 20 days or more than 35 days after the date” of the order or judgment. § 45.031(l)(a), Fla. Stat. (2008). See also Kosoy Kendall Assocs., LLC v. Los Latinos Restaurant, Inc., 10 So. 3d 1168 (Fla. 3d DCA 2009); Comcoa, Inc. v. Coe, 587 So. 2d 474 (Fla. 3d DCA 1991). The continuance thus constitutes an abuse of discretion in the most basic sense of that term. As the Court stated in Canakaris v. Canakaris, 382 So. 2d 1197, 1203 (Fla.1980…
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Park Adult Residential Facility, Inc. v. DAN Designs, Inc., 36 So. 3d 811 (Fla. 3d DCA 2010)…quently walked off the job without delivering the checks. Counsel personally took the checks to the court the next day, but the clerk refused to accept them. The majority opinion relies on Kosoy Kendall Assocs., LLC v. Los Latinos Restaurant, Inc., 10 So. 3d 1168 (Fla. 3d DCA 2009), but that case is not like this one. In that case the deadline was February 1, 2009. The landlord filed an ex parte motion for possession on February 2. The tenant tendered payment on February 5. In that case the defendant did not…1 / 2
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Poal WK Taft, LLC v. Johnson Med. Ctr. Corp., 45 So. 3d 37 (Fla. 4th DCA 2010)…discretion, and the landlord is entitled to the issuance of the writ of possession as a matter of right. See, e.g., Blandin v. Bay Porte Condo. Ass’n, 988 So. 2d 666, 669-70 (Fla. 4th DCA 2008); Kosoy Kendall Assocs., LLC v. Los Latinos Rest. Inc., 10 So. 3d 1168 (Fla. 3d DCA 2009). Although the result may seem harsh in a case like this, there is no equitable exception to the statute. See Courthouse Tower, Ltd. v. Manzini & Assocs., 683 So. 2d 215 (Fla. 3d DCA 1996). We therefore grant the petition for mand…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Comcoa, Inc. v. The Honorable Jack M. COE, 587 So. 2d 474 (Fla. 3d DCA 1991)
- 214 Main St. Corp. v. Tanksley, 947 So. 2d 490 (Fla. 2d DCA 2006)
- Washington v. State, 683 So. 2d 215 (Fla. 4th DCA 1996)
- KEY Largo Watersports, Inc. v. Whitehurst Fam. P'ship, 954 So. 2d 1278 (Fla. 3d DCA 2007)
- Rowles v. State, 954 So. 2d 1278 (Fla. 5th DCA 2007)
- Miami Subs Real Est. Corp. v. Manhattan House, Inc., 973 So. 2d 593 (Fla. 3d DCA 2008)