Florida Statutes
Fla. Stat. § 82.04 (2025)
Questions involved in this proceeding.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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82.04 Questions involved in this proceeding.—The court shall determine only the right of possession and any damages. Unless it is necessary to determine the right of possession or the record titleholder, the court may not determine the question of title.
History.—s. 4, ch. 1630, 1868; RS 1690; GS 2155; RGS 3459; CGL 5312; s. 33, ch. 67-254; s. 13, ch. 73-330; s. 19, ch. 77-104; s. 424, ch. 95-147; s. 6, ch. 2018-94.
Notes of Decisions
Cited in 14
cases (6 in the last 5 years), 1963–2025 · leading case: Pro-Art Dental Lab, Inc. v. V-Strategic Grp., LLC, 986 So. 2d 1244 (Fla. 2008).
Pro-Art Dental Lab, Inc. v. V-Strategic Grp., LLC, 986 So. 2d 1244 (Fla. 2008). “(2006); second, an unlawful-detainer action under section 82.04, Florida Statutes (2006); and finally, a tenant-removal action under section 83.”
Desmond T. Kenner v. State, 208 So. 3d 271 (Fla. 5th DCA 2016). “SUFFICIENCY OF EVIDENCE Second-degree murder is defined as “[t]he unlawful 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…”
Duckworth v. Duckworth, 534 P.3d 1076 (Or. Ct. App. 2023). “, Fla Stat § 82.04 (“The court shall determine only the right of possession and any damages.”
Wilkins v. Tebbetts, 216 So. 2d 477 (Fla. 3d DCA 1968). “Fla. Stat. § 82.04 , F.S.A. provides that: "If any person enters or has entered in a peaceable manner into any lands or tenements when the entry is lawful and after the expiration of his right continues to hold them against the consent of the party entitled to possession, the…”
Babsdon Co. v. Thrifty Parking Co., 149 So. 2d 566 (Fla. 3d DCA 1963). “right of possession, § 82.04, Fla.Stat., F.S.A., in no way detracted from, nor was inconsistent with, its previously expressed intention.”
John a. Thompson, Etc. v. Stephen a. Thompson, Etc. (Fla. 3d DCA 2022). “§ 82.04, Fla. Stat. (“The court shall determine only the right of possession and any damages.”
Voss v. Voss (Fla. 2d DCA 2025). “" § 82.04, Fla. Stat. (2023).1 Section 66.021(2), Florida Statutes (2023), provides that "[c]ircuit courts have exclusive jurisdiction in an action of ejectment.”
Elizabeth Estevill v. Tomas Estevill (Fla. 3d DCA 2024). “See also § 82.04, Fla. Stat. (2023) (providing that in an unlawful detainer action: “The court shall determine only the right of possession and any damages.”
Forbes v. Nat'l Indus. Bank of Miami, 243 So. 2d 613 (Fla. 4th DCA 1971). “However, when the remedy for unlawful detention is declared in Section 82.04, Florida Statutes F.S.A. 2 there is no mention of unlawful entry.”
Duckworth v. Duckworth (Or. Ct. App. 2023). “, Fla Stat § 82.04 (“The court shall determine only the right of possession and any damages.”
PMG-Greybrook Riverfront I, LLC v. D'Amato (S.D. Fla. 2023). “Specifically, Plaintiff avers that although the state court Complaint is one for possession of residential real property asserting unlawful detainer under section 82.04 of the Florida Statutes, see [ECF No.”
Cont'l Coffee Co. of Florida v. Sklar, 479 So. 2d 255 (Fla. 2d DCA 1985). “§ 82.04(1), Fla.Stat. (1981). In this case, by entering into a stipulation allowing the corporations to possess the property for a period of time past the expiration of the oral lease, the trustee lost his right to claim that the property was being held without consent.”
— 82.04(1) — 2 cases
Pro-Art Dental Lab, Inc. v. V-Strategic Grp., LLC, 986 So. 2d 1244 (Fla. 2008). “(2006); second, an unlawful-detainer action under section 82.04, Florida Statutes (2006); and finally, a tenant-removal action under section 83.”
Cont'l Coffee Co. of Florida v. Sklar, 479 So. 2d 255 (Fla. 2d DCA 1985). “§ 82.04(1), Fla.Stat. (1981). In this case, by entering into a stipulation allowing the corporations to possess the property for a period of time past the expiration of the oral lease, the trustee lost his right to claim that the property was being held without consent.”
— 82.04(2) — 1 case
Desmond T. Kenner v. State, 208 So. 3d 271 (Fla. 5th DCA 2016). “SUFFICIENCY OF EVIDENCE Second-degree murder is defined as “[t]he unlawful 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…”
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