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[RPPTL LandTen] Recent 4th DCA Case on Appeals from Judgments of Eviction Pending Determination of Damages

MF
Manuel Farach
Sat, Aug 18, 2012 8:51 PM

Here’s a quick summary of the case:

A final order of possession in a landlord tenant action is not a “final order” if a claim for damages remains outstanding, and as a result, may not be appealed as a final order pursuant to Fla. Rule of Appellate Procedure 9.130 (f). Moreover, Rule 9.130 (f) foes not prohibit the entry of default and final judgment for failure of a tenant to deposit monies into the registry of the pursuant to Fla. Stat. § 83.232.


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Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

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Email: MFarach@richmangreer.com
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Here’s a quick summary of the case: A final order of possession in a landlord tenant action is not a “final order” if a claim for damages remains outstanding, and as a result, may not be appealed as a final order pursuant to Fla. Rule of Appellate Procedure 9.130 (f). Moreover, Rule 9.130 (f) foes not prohibit the entry of default and final judgment for failure of a tenant to deposit monies into the registry of the pursuant to Fla. Stat. § 83.232. ________________________________ [http://www.richmangreer.com/emailsig/logo.gif] Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar Richman Greer P.A. One Clearlake Centre Suite 1504 250 Australian Avenue South West Palm Beach, Florida 33401 Office: 561.803.3500 Fax: 561.820.1608 Direct: 561.803.3501 Email: MFarach@richmangreer.com www.RichmanGreer.com<http://www.RichmanGreer.com> [http://www.richmangreer.com/emailsig/meritas.gif] To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. This message contains confidential information and is intended for landten@lists.flabarrpptl.org. If you are not landten@lists.flabarrpptl.org you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. E-mail transmission cannot be guarranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender (MFarach@richmangreer.com) therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required please request a hard-copy version. ________________________________