RAFAEL ALMENDRAL
v.
J & C PROPERTY MANAGEMENT CORP.
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.
Section 83.232, Florida Statutes, mandates that a tenant deposit rent into the court registry absent a defense of payment or satisfaction, and the trial court did not abuse its discretion in requiring the deposit before ruling on the tenant's motion to dismiss.
[1] Section 83.232, Florida Statutes, mandates that a tenant deposit rent into the court registry in an action by a landlord for possession of real property, absent a defense…
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 intelligence“The court, on its own motion, shall notify the tenant of the requirement that rent be paid into the court registry by order, which shall be issued immediately upon filing of the tenant's initial pleading, motion, or other paper.”
Section 83.232(3), Florida Statutes, establishing the mandatory nature and timing of the rent deposit requirement.
Rafael Almendral, a tenant, was required by the trial court to deposit rent into the court registry in an action brought by J & C Property Management …
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.
Third District Court of Appeal State of Florida
Opinion filed July 2, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-2319 Lower Tribunal No. 24-19766-CA-01 ________________
Rafael Almendral, Appellant,
vs.
J&C Property Management Corp., Appellee.
An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Valerie R. Manno Schurr, Judge.
Open Book Appeals and Erin Pogue Newell (Fort Lauderdale), for appellant.
Mamone Villalon and Ramsey Villalon, for appellee.
Before LINDSEY, MILLER and GORDO, JJ.
GORDO, J.
2
Rafael Almendral (“Tenant”) appeals a non-final order entered in favor of J & C Property Management Corporation (“Landlord”) requiring him to deposit rent into the court registry. We have jurisdiction. Fla. R. App. P 9.130(a)(3)(C)(ii). We affirm. On appeal, the Tenant argues the trial court should have first ruled on his motion to dismiss before requiring a deposit into the court registry. The plain language of section 83.232, Florida Statutes, mandates a rent deposit absent a “defense of payment or satisfaction of the rent.” § 83.232(1), Fla. Stat. “The court, on its own motion, shall notify the tenant of the requirement that rent be paid into the court registry by order, which shall be issued immediately upon filing of the tenant’s initial pleading, motion, or other paper.” § 83.232(3), Fla. Stat. Because the plain language of section 83.232 makes a rent deposit mandatory absent a defense of payment or satisfaction of the rent, we find no abuse of discretion in requiring such a deposit before ruling on the motion to dismiss. See T.G. United, Inc. v. AADD Props., LLC, 371 So. 3d 396, 400 (Fla. 5th DCA 2023) (“Section 83.232 establishes a procedure for payment of rent during the pendency of a commercial landlord’s claim for possession.”); § 83.232(1), Fla. Stat. (“In an action by the landlord which includes a claim for possession of real property, the tenant shall pay into the court registry the amount alleged in
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Famsun Invest, LLC v. Therault, 95 So. 3d 961 (Fla. 4th DCA 2012)
- Zemurray v. Barnard Kilgore, 130 Fla. 317 (Fla. 1937)
- Fabre v. 4647 Block, LLC, 401 So. 3d 523 (Fla. 3d DCA 2024)
- T.G. United, Inc. v. Aadd Props., LLC, 371 So. 3d 396 (Fla. 5th DCA 2023)