Ninoska D. Bracho Martinez v. Jonathan M. Morey

Summary

The Third District Court of Appeal of Florida reversed a final judgment of eviction because the trial court entered judgment without resolving the tenant’s timely filed motion to determine rent. The court held that an undisposed motion to determine rent precludes entry of a final eviction judgment based on nonpayment. The case was remanded, and the court declined to reach the tenant’s remaining due-process argument.

Holdings

1. An undisposed-of motion to determine rent precludes entry of a final eviction judgment based on nonpayment. Because Bracho timely filed such a motion and the trial court never resolved it, the trial court erred by entering the eviction judgment.
2. The court exercised its discretion to reach the merits despite Bracho's relocation because an eviction can have collateral consequences when tenants seek housing or credit.

Questions Presented

1. Whether the trial court could enter a final eviction judgment based on nonpayment while the tenant's timely filed motion to determine rent remained pending and unresolved.
2. Whether the trial court violated due process by entering the eviction judgment at a hearing noticed only for “Defendant’s Letter.”
3. Whether the appeal should be decided on the merits despite the tenant's relocation after eviction.

Disposition

reversed_and_remanded