CopyCited 24 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 503, 2008 Fla. LEXIS 1236, 2008 WL 2679160
...Glover, Florida Commercial Landlord Tenant Law §§ 4.03-.07 (2007 ed.). These remedies are: first, the historic common-law remedy of ejectment, which the Legislature codified in 1967, see ch. 67-254, § 21, Laws of Fla.; §
66.021, Fla. Stat. (2006); second, an unlawful-detainer action under section
82.04, Florida Statutes (2006); and finally, a tenant-removal action under section
83.21, Florida Statutes (2006)....
...in unlawful-detainer actions if within the county-court amount-in-controversy limit). Second, the summary procedure of section
51.011 applies during an unlawful-detainer or tenant-removal action but does not apply during an ejectment action. Compare §
82.04(1), Fla....
...t, V-Strategic could have filed either an ejectment action in circuit court, an unlawful-detainer action in county court, or a tenant-removal action in county court. See §§
26.012(2)(f),
34.011, Fla. Stat. (2006); see also §§
66.021 (ejectment),
82.04-.05 (unlawful detainer),
83.20-.21(tenant removal or eviction), Fla....
CopyCited 13 times | Published | Florida 5th District Court of Appeal
See 6 Am.Jur.2d Assignments, supra note 4 at § 82; 4 Fla.Jur.2d Assignments, supra note 4, at § 2. However
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...1965,
177 So.2d 523. Tebbetts thus admitted, for purposes of her motion, all facts well pleaded by Wilkins. The pleadings before the trial court were Tebbetts' complaint for unlawful detention, the notice attached thereto, and Wilkins' answer. Fla. Stat. §
82.04, F.S.A....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2016 Fla. App. LEXIS 18444
...nlawful killing of a human being, when
perpetrated by any act imminently dangerous to another and evincing a depraved mind
regardless of human life, although without any premeditated design to effect the death of
any particular individual.” § 782.04(2), Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 96 A.L.R. 2d 1231
Prac., Domicile, § 17. [3] 17A Am.Jur., Domicil, § 82. [4] 30 A.L.R. 607. [5] Miller v. Nelson, 160 Fla
CopyCited 1 times | Published | District Court of Appeal of Florida
...he premises for the account of Thrifty. The fact that the appellant was forced, in the exercise of a right granted it by operation of law, to bring an unlawful detainer action, which concerned no matters of title but merely the .right of possession, § 82.04, Fla.Stat., F.S.A., in no way detracted from, nor was inconsistent with, its previously expressed intention....
CopyPublished | Florida 3rd District Court of Appeal
... A person entitled to possession of the property “has a cause of action
against a person who obtained possession of that real property by . . .
unlawful detention and may recover possession and damages.” §
82.03(1),
Fla. Stat. (2023). See also §
82.04, Fla....
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 7049
...re so advised. The complaint is framed as one brought under the statute for removal of delinquent tenants (F.S. Sections
83.20 et seq., F.S.A.) whereas the facts appear to more appropriately support a statutory proceeding for unlawful detainer (F.S. Section
82.04, F....
CopyPublished | Florida 3rd District Court of Appeal
...and Robin Bresky (Boca Raton), for appellee/respondent.
Before LOGUE, MILLER and LOBREE, JJ.
LOBREE, J.
Paul A. Thompson, as trustee of the Paul A. Thompson and Virginia A.
Thompson Revocable Trust, filed an unlawful detainer action in county court
under section 82.04, Florida Statutes (2019), seeking to remove John A.
Thompson and Nanette Thompson from a residential property held by the
trust....
...5th DCA 2021), the essence
of which is a claim for “unlawful withholding of possession by the defendant,”
Se. Fid. Ins. Co. v. Berman,
231 So. 2d 249, 251 (Fla. 3d DCA 1970). The
issue raised by a claim of unlawful detainer is one of possession, not ultimate
title to the property. §
82.04, Fla....
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 5444
STEWART, JAMES R., Jr., Associate Judge. Plaintiff/Bank brought an unlawful detention action under the provisions of Florida Statute 82.04, F.S.A....
...laintiff. This appeal followed. It is interesting to note that unlawful detention is defined in Section
82.02, Florida Statutes, F.S.A. 1 and that the definition includes unlawful entry. However, when the remedy for unlawful detention is declared in Section
82.04, Florida Statutes F.S.A....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2696, 1985 Fla. App. LEXIS 17217
...We find, however, that the trustee failed to sustain its burden of proof in connection with count I, the unlawful de-tainer action. In order to prevail in an unlawful detainer action, it is necessary to prove that the property is being held against the consent of the party entitled to possession. § 82.04(1), Fla.Stat....
