Nephatari P. Ford v. Princeton Groves FL Apartments

Summary

The Third District Court of Appeal held that the trial court erred by entering a default final judgment of eviction without a hearing. The tenant had asserted payment of rent as a defense and had requested a determination of the amount to deposit into the court registry. The appellate court reversed and remanded with instructions to vacate the default final judgment and writ of possession.

Holdings

1. A tenant who properly asserts payment of rent is not subject to the statutory requirement to deposit accrued rent into the court registry that applies when the tenant interposes a defense other than payment.
2. When a tenant properly moves for a determination of the amount of rent to be paid into the court registry, the trial court must conduct a hearing and determine that amount before entering a default final judgment based on nonpayment.
3. The trial court erred by entering the default final judgment without first holding the required hearing; the default final judgment and writ of possession must be vacated.

Questions Presented

1. Whether the trial court could enter a default final judgment of eviction without first holding a hearing when the tenant asserted the defense of payment.
2. Whether the tenant's request for a determination of the amount of rent to be deposited into the court registry required the trial court to conduct a hearing before entering judgment.
3. Whether the default final judgment and writ of possession had to be vacated.

Disposition

reversed_and_remanded