VANESSA MIKES
v.
HOUSING AUTHORITY OF THE CITY OF FORT MYERS
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The Housing Authority properly provided written warning as required by section 83.56(2)(a), Florida Statutes, satisfying the statutory prerequisite to eviction.
[1] A landlord's compliance with the written warning requirement of section 83.56(2)(a), Florida Statutes, is a prerequisite to maintaining an eviction action against a resid…
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Join FLexlaw to unlock all legal intelligenceVanessa Mikes was a tenant of the Housing Authority of the City of Fort Myers. The Housing Authority initiated eviction proceedings against Mikes.…
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SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 6D2023-0132 Lower Tribunal No. 21-CC-2655 _____________________________
VANESSA MIKES, Appellant, v. HOUSING AUTHORITY of the CITY OF FORT MYERS, Appellee. _____________________________
Appeal from the County Court for Lee County. Josephine Gagliardi, Judge.
April 17, 2025
PER CURIAM.
AFFIRMED.
STARGEL and SMITH, JJ., concur. NARDELLA, J., dissents, with opinion.
_____________________________
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
AND DISPOSITION THEREOF IF TIMELY FILED
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2
NARDELLA, J., dissenting, with opinion.
Vanessa Mikes (“Mikes”) appeals from a final judgment of eviction entered in favor of the Housing Authority of the City of Fort Myers (“Housing Authority”). Because I find the trial court erred in concluding that the Housing Authority provided Mikes with a written warning under section 83.56(2)(a), Florida Statutes (2021), I would reverse and remand for further proceedings. _____________________________
Michelle Trunkett, of Florida Rural Legal Services, Inc., Fort Myers, for Appellant.
Alexander L. Brockmeyer and Stephen M. Smith, of Boyle, Leonard & Anderson, P.A., Fort Myers, for Appellee.