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Landlord filed a complaint naming the defendant  only in the case caption,  whereas an unrelated person is named as the tenant  in body of the complaint.  Defendant was defaulted for failing to post the rent into the court registry and appealed.

The court explained that because a default admits liability only as claimed in the pleading, no liability was stated against  Defendant.  While §83.60(2), Florida Statutes requires the deposit of rent claimed into the registry as a condition to raising any defense other than payment,  the court does not consider Defendant’s defense as contemplated §83.60(2), Fla. Stat., because he was never legally required to raise a defense. Put another way, Defendant’s  challenge would normally be the subject of a motion to dismiss rather than an affirmative defense.

HOUCK, vs. 7402 HERITAGE HILLS, LLC, Circuit Court, 13th Judicial Circuit (Appellate) in and for Hillsborough County, Civil Appellate Division. August 24, 2015.  23 Fla. L. Weekly Supp. 306a

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