Rafael Almendral v. J&C Property Management Corp.

Summary

The Florida Third District Court of Appeal affirmed a non-final order requiring a tenant to deposit rent into the court registry before the trial court ruled on the tenant's motion to dismiss. The court held that section 83.232, Florida Statutes, mandates the deposit in an action seeking possession unless the tenant asserts a defense of payment or satisfaction of rent.

Holdings

1. When a landlord's action includes a claim for possession, section 83.232, Florida Statutes, mandates that the tenant pay rent into the court registry unless the tenant has asserted a defense of payment or satisfaction of the rent; therefore, the trial court may require the deposit before ruling on the tenant's motion to dismiss.

Questions Presented

1. Whether section 83.232, Florida Statutes, requires a tenant to deposit rent into the court registry before the trial court rules on the tenant's motion to dismiss.

Disposition

affirmed