Tags

, , , , , , , ,

Appellee Adamo, (“Trustee”), is the landlord of a commercial lease with tenant St. Petersburg Pain. The Trustee filed a Complaint for Eviction. On July 30, 2012, a Default Judgment for Possession was entered. After a hearing, on August 6, 2012, the trial court entered the Order Vacating Default Judgment and Staying Writ of Possession. The Order directed St. Petersburg Pain to file its Answer and deposit the three past due rental payments into the registry of the court by 4:00 p.m. on August 8, 2012. The Order warned St. Petersburg Pain that failure to pay the rent by the date stated would result in the entry of a Final Judgment of Eviction on August 9, 2012.

St. Petersburg Pain sent the rent by Federal Express,  but it did not arrive until  August 9, 2012, at 10:30 a.m.

The Trustee filed an “Ex-Part Motion for Entry of Judgment for Possession Due to Failure to Deposit Rent” that was considered by the Court at the Final Hearing of Possession on August 9, 2012. At the hearing, counsel for St. Petersburg Pain explained that the Federal Express delivery of the deposit was one day late due to an error made by Federal Express.

The trial court properly found that pursuant to section 83.232(5), Florida Statutes (2012), it had no discretion to extend the time for the deposit of the past due rental payments. See Stetson Mgmt. Co. v. Fiddler’s Elbow, Inc., 18 So. 3d 717, 718 (Fla. 2d DCA 2009) [34 Fla. L. Weekly D2023a]; 214 Main St. Corp. v. Tanksley, 947 So. 2d 490 (Fla. 2d DCA 2006) [31 Fla. L. Weekly D2830a]. The trial court issued a detailed Final Judgment of Eviction which thoroughly sets out binding case law. The trial court had a ministerial duty to provide the remedies set forth in the statute and did not err in entering the final judgment for possession of the subject property to the Trustee. See Palm Beach Marketplace, LLC v. Aleyda’s Mexican Restaurante, Inc., 103 So. 3d 911, 912 (Fla. 4th DCA 2012) [37 Fla. L. Weekly D2522a].

Affirmed. (ALLAN, SCHAEFER, and ST. ARNOLD, JJ.)

horseshoes-and-hand-grenades

Editors Note: Close only counts in  horseshoes and hand grenades !  

ST. PETERSBURG PAIN & URGENT CARE, Appellant, v. ADAMO,  Appellee. Circuit Court, 6th Judicial Circuit (Appellate) in and for Pinellas County. Case No. 12-000039AP-88A. UCN 522012AP000039XXXXCI. April 4, 2013, nunc pro tunc April 2, 2013. Appeal from Final Judgment Pinellas County Court. Kathleen T. Hessinger, Judge. 20 Fla. L. Weekly Supp. 557b

Advertisements