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M.D. Fla.·
2026-01-12
The court adopted the Magistrate Judge's recommendation to deny the motion to proceed in forma pauperis and dismiss the amended complaint with prejudice.
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M.D. Fla.·
2025-12-01
The district court denied the plaintiff's motion for an injunction pending appeal because the Rooker-Feldman doctrine divested it of jurisdiction to review the plaintiff's challenge to a state court judgment, and denied the defendant's motion for sanctions without prejudice.
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Fla. 3d DCA·
2025-11-26
The Third District Court of Appeal affirmed a lower court decision in a residential landlord-tenant dispute, holding that a tenant's failure to pay accrued rent into the court registry within five days of service constitutes an absolute waiver of all defenses other than payment.
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S.D. Fla.·
2025-06-06
The court held that the plaintiff's complaint, even when liberally construed, failed to state a claim upon which relief could be granted due to insufficient factual allegations and a lack of a private right of action under the cited statute.
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Fla. 3d DCA·
2025-04-30
A tenant who interposes any defense other than payment in an eviction action must pay accrued rent into the court registry within five days of service of process, or forfeit all defenses other than payment and face immediate default judgment.
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Fla. 3d DCA·
2024-06-26
A trial court errs in denying a motion for writ of possession under § 197.562 based on a concern about inconsistent verdicts with a pending ejectment action, because the writ determination would resolve the ejectment claim and no mutually exclusive findings are possible.
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Fla. 6th DCA·
2024-06-03
Tenants appealed a default judgment of eviction for nonpayment of rent after the trial court entered default judgment without hearing their timely motion to determine rent. The appellate court reversed, holding that the trial court was required to conduct a hearing on the rent de
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385 So. 3d 183·
Fla. 2d DCA·
2024-04-05
McNulty Lofts Condominium Association appeals from a summary judgment order in favor of WRH McNulty Garage in an ejectment action involving a disputed boundary line on the sixth floor of a mixed-use building. The appellate court reversed, finding that internal inconsistencies in
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Fla. 2d DCA·
2024-03-22
Absent a court order explicitly directing a tenant to pay disputed rent into the court registry, a tenant's failure to make such payment does not trigger the absolute waiver of defenses under Florida Statute § 83.232(5), and the landlord is not entitled to immediate possession.
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M.D. Fla.·
2023-09-28
Surgret Doss sued several law enforcement officials and the City of Tampa, alleging conspiracy and malicious prosecution after a judge referred him to police for potential perjury during a foreclosure dispute, leading to his arrest and prosecution. The district court dismissed mo
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343 So. 3d 1249·
Fla. 3d DCA·
2023-05-17
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S.D. Fla.·
2023-03-30
The court held that a landlord's obtaining a judgment for possession and a writ of possession does not terminate a commercial lease under Florida law, and therefore, such actions do not constitute cause to lift the automatic stay in bankruptcy.
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Fla. 3d DCA·
2023-02-08
The appellate court dismissed Tilia Cordata, LLC's appeal because Cordata was not a party to the lower court proceedings when it filed the motion that led to the challenged order. As a result, the court lacked jurisdiction to hear the appeal.
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Fla. 3d DCA·
2022-07-27
This case involves a commercial eviction where a tenant failed to pay rent into the court registry as ordered. The appellate court affirmed the default judgment against the tenant and quashed the trial court's order staying the writ of possession, emphasizing the landlord's statu
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Fla. 3d DCA·
2022-07-27
Upon a tenant's failure to pay rent into the court registry as ordered, the trial court has a non-discretionary, ministerial duty to issue a writ of possession immediately without further notice or hearing, and cannot stay the writ based on equitable arguments or the tenant's rea
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S.D. Fla.·
2020-12-29
The Court held that the Rooker-Feldman doctrine barred it from considering the motion for a temporary injunction because the motion sought to review and effectively nullify a state court judgment.
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Fla. 4th DCA·
2020-07-02
The trial court's decision favoring the mortgage servicer was affirmed.
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Fla. 4th DCA·
2020-06-18
Appellants Asher and Irit Keidan appealed a circuit court decision in a mortgage foreclosure matter involving multiple defendants including Wilmington Trust National Association. The Fourth District Court of Appeal affirmed the lower court's decision without detailed written anal
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Fla. 4th DCA·
2020-06-11
The trial court's judgment in the foreclosure action was affirmed.
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Fla. 4th DCA·
2020-06-11
The trial court's judgment is affirmed.
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Fla. 4th DCA·
2020-06-04
The Fourth District Court of Appeal affirmed the lower court's decision, upholding the foreclosure proceedings despite the appellant's arguments.
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Fla. 4th DCA·
2020-06-04
The trial court's judgment in the foreclosure action was proper and is affirmed.
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Fla. 4th DCA·
2020-05-21
The trial court's judgment in the foreclosure action was affirmed.
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Fla. 4th DCA·
2020-05-07
The trial court's judgment in the foreclosure action was affirmed.
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Fla. 4th DCA·
2020-04-30
The trial court's judgment in the foreclosure action was affirmed.
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Fla. 4th DCA·
2020-04-30
The trial court's decision in the mortgage foreclosure action was affirmed.
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Fla. 4th DCA·
2020-04-23
The trial court's judgment in favor of Wells Fargo Bank was properly entered and affirmed on appeal.
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Fla. 4th DCA·
2020-04-23
The trial court's judgment in the foreclosure action was affirmed.
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Fla. 4th DCA·
2020-04-09
The circuit court's judgment in the foreclosure action was affirmed.
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M.D. Fla.·
2020-04-01
The court held that the defendant's petition for removal was improper and dismissed it, remanding the case to state court.
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Fla. 3d DCA·
2020-03-19
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M.D. Fla.·
2019-11-08
The court held that a plaintiff seeking a temporary restraining order must establish a substantial likelihood of success on the merits, which was not met in this case.
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Fla. 5th DCA·
2018-09-03
An ex parte emergency injunction may be issued without initially setting a bond, but the trial court must remand for an evidentiary hearing to determine the appropriate bond amount after both parties have an opportunity to present evidence.
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9th Cir. Ct. App. Div.·
2017-02-20
T Park LLC sought a writ of mandamus to compel a trial court judge to enter a default judgment for possession after the tenant (Sunstate Partners) failed to timely deposit rent into the court registry as ordered. The appellate court granted the petition, holding that section 83.2
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132 So. 3d 1248·
Fla. 3d DCA·
2014-03-05
Angie Almonor appealed a writ of possession order issued against her as a tenant in a foreclosed condominium. The court reversed the order because JPMorgan Chase Bank failed to comply with the Protecting Tenants at Foreclosure Act of 2009, which required the bank to honor her bon
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120 So. 3d 1278·
Fla. 1st DCA·
2013-09-19
William Corning appeals from trial court orders denying his motions to vacate a foreclosure sale and writ of possession. This is Corning's second appeal in the matter; his first appeal was dismissed on jurisdictional grounds, but he was directed to seek relief in the trial court.
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110 So. 3d 511·
Fla. 4th DCA·
2013-04-03
An eviction based on a judgment that is later reversed due to a trial court's procedural error, without any bad faith or wrongdoing by the landlord, does not constitute a wrongful eviction.
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Del. C.P.·
2012-04-09
The Court affirmed the judgment for the plaintiff, awarding unpaid rent, court costs, and post-judgment interest. The Court found that the defendants' claims regarding non-receipt of notice and incorrect advice about landlord-tenant code requirements did not negate the landlord's
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9th Cir. Ct. App. Div.·
2010-09-03
The Housing Authority of Orlando appealed a trial court's denial of its motion for immediate default judgment for possession against tenant Debra Reese for failure to timely deposit rent into the court registry during eviction proceedings. The appellate court reversed, holding th
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9th Cir. Ct. App. Div.·
2010-01-05
Appellant Lonergan appeals a default judgment for eviction entered by the trial court. The Ninth Judicial Circuit reversed, finding the trial court erred by entering a default judgment without holding a rent deposit hearing despite Appellant's timely filing of a motion to determi
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419 B.R. 488·
S.D. Fla.·
2009-11-09
The court affirmed the bankruptcy court's orders denying Mohorne's motions, holding that the Rooker-Feldman doctrine and collateral estoppel barred relitigation of the state court's decision regarding the foreclosed property.
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9th Cir. Ct. App. Div.·
2009-03-02
Wesley Bush appeals a judgment of possession in a residential eviction action for nonpayment of rent brought by Alfredo and Clara Weston. The appellate court affirms the trial court's judgment, holding that the Westons had standing to sue individually as partners in the property-
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9th Cir. Ct. App. Div.·
2007-10-30
Peggy Ward appeals the trial court's denial of her motion to vacate a default judgment and writ of possession in an eviction action. The appellate court affirmed, holding that Ward's failure to deposit rent into the court registry as required by Florida statute mandated entry of
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911 So. 2d 806·
Fla. 1st DCA·
2005-03-21
A trial court does not abuse its discretion in denying Rule 1.540(b) relief from a default foreclosure judgment and judicial sale when the appellant fails to establish grounds for reversal and the trial court has conducted a hearing without procedural irregularity.
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852 So. 2d 362·
Fla. 5th DCA·
2003-08-15
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746 So. 2d 1198·
Fla. 4th DCA·
1999-12-15
Baldwin Sod Farms appeals an eviction order, arguing the circuit court lacked subject matter jurisdiction, wrongfully denied its jury trial demand, and failed to properly serve notice under the lease terms. The court affirmed jurisdiction but reversed on the jury trial issue, hol
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723 So. 2d 180·
Fla.·
1998-10-15
The Florida Supreme Court approved standardized forms for final judgments in replevin actions, addressing concerns about terminology and ensuring consistency with Florida statutory language regarding writs of possession.
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1994 U.S. Dist. LEXIS 2857·
M.D. Fla.·
1994-03-08
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602 So. 2d 968·
Fla. 3d DCA·
1992-06-23
The trial court's order granting possession and restoration rights to the Association was within the scope of prior mandates.
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542 So. 2d 477·
Fla. 1st DCA·
1989-05-04
Omni Quip appealed a trial court's ex parte issuance of a writ of possession in an eviction dispute with Milo Incorporated. The appellate court reversed, holding that granting the writ without notice or an opportunity to be heard violated due process rights, particularly where th