Florida/Georgia Personal Injury & Workers Compensation

...rt. In interpreting the county court's vague jurisdictional findings, the circuit court held that (1) even though V-Strategic's complaint was specifically designated and specifically sought ejectment, it functionally sought removal of a tenant under section 83.21, Florida Statutes (2006), rather than ejectment under chapter 66 (despite the fact that the summons and complaint explicitly sought ejectment and never referred to section 83.21); (2) section 83.21 permits resort to the summary procedure provided in section 51.011; and (3) sections 83.21 and 34.011, Florida Statutes (2006), vest county courts with subject-matter jurisdiction to entertain tenant-removal actions....

...rtain an ejectment action. These issues have been consistently overlooked by the appellate courts based on the county court's entry of a default against Pro-Art, which the circuit court and the Fourth District approved based upon sections 51.011 and 83.21, Florida Statutes (2006)....

...ntertain ejectment actions. Furthermore, we conclude that a county court may not — consistent with due process-vest itself with subject — matter jurisdiction by sua sponte judicially amending an ejectment complaint to state a cause of action under section 83.21, Florida Statutes (2006)....

...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)....

...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. Stat. (2006) (stating that section 51.011 applies to unlawful-detainer actions), and § 83.21, Fla....

...t the expedited trial. Id. (emphasis supplied). Thus, leave to amend remained in the discretion of the trial court and the defendant was not entitled to an automatic default. In contrast, in Pro-Art, the Fourth District held that sections 51.011 and 83.21, Florida Statutes (2006), eliminate all forms of motion practice and mandate the entry of an instantaneous default — without opportunity to be heard — if a defendant does not serve a responsive pleading within five days of having received the...

...Section 51.011 simply does not contain any language providing for instantaneous defaults. Any alteration thereof should not be by judicial decision. Neither section 51.011, part I of chapter 83, nor the Rules of Civil Procedure explicitly state that rule 1.500(c) does not apply to section 83.21 tenant-removal actions; therefore, this rule should apply in this context....

...ity. The record indicates that County-Wide did have a valid claim for wrongful eviction against defendants/third-party plaintiffs because the purchasers of the apartment complex unlawfully resorted to self-help to remove the machines in violation of Section 83.21, Florida Statutes (1983)....

...District Court of Appeal of Florida, Fourth District. May 14, 1971. Ted P. Galatis of Galatis, Gorman & Feinstein, Fort Lauderdale, for appellant. Donald L. Burrie, Pompano Beach, for appellees. WALDEN, Judge. This is a landlord tenant case with eviction being sought under the provisions of *796 F.S. 83.21, Laws of 1969, F.S.A....

...landlord's possessory action. We find support in this conclusion by the adoption in 1967 of the summary procedure mechanism (Chapter 67-254, § 7, Laws of Florida, Section 51.011, Florida Statutes), its explicit application to part I of chapter 83 (Section 83.21, Florida Statutes), and other pertinent changes to part I, as well as judicial opinions decided during the past sixteen years construing the statutory amendments....

...In the case at bar the sublessor complied with section 83.05(2)(a) by filing a counterclaim for possession of the leased premises. As such it utilized the summary procedure available to it by chapter 83 and Section 51.011, Florida Statutes. In that section 83.21 requires the landlord to file a complaint for possession of the premises under the circumstances stated, and entitles him to the summary procedure authorized by Section 51.011, Florida Statutes, it necessarily follows that a defendant n...

...Camena Investments then brought in circuit court the suit against Cross that underlies this appeal. We reject Camena Investments' argument that the county court judgment for eviction constitutes res judicata and bars Cross' counterclaim for damages. Section 83.21, Florida Statutes (1995), provides for actions for the removal of tenants by summary procedure as provided in section 51.011, Florida Statutes (1995)....

...her demand for jury trial. It is on this point only that we conclude that the Circuit Court, in affirming the judgment of the County Judge's Court, departed from the essential requirements of law. This action for removal of tenant was brought under Section 83.21, F.S.A....

...The tenant appealed to the circuit court, which affirmed. Although the landlord titled the complaint as an action for ejectment, the circuit court found that the county court correctly looked to the allegations of the complaint and determined that it had subject matter jurisdiction under section 83.21, Florida Statutes (2006), pertaining to the removal of a tenant by a landlord....

...As noted above, appellee Corrigan argued below that there is no right to a jury trial in a summary eviction proceeding under sections 83.20 and 51.011, Florida Statutes. Chapter 83, which governs nonresidential tenancies, is silent as to the right to a jury trial. Section 83.21 provides that the landlord seeking removal of the tenant shall file a complaint and is entitled to the summary procedure set forth in § 51.011....

...The appellee moves to dismiss an appeal from a final judgment of the Civil Court of Record in and for Dade County, Florida, rendered in a statutory landlord and tenant proceeding. The appellee, as plaintiff, brought a petition for removal of tenant under § 83.21, Fla. Stat., F.S.A. Summary proceedings for removal of tenant may be brought in the civil court of record by virtue of § 33.14, Fla. Stat., F.S.A., and these proceedings are conducted in accordance with §§ 83.21-83.27, Fla....

...Hence, there is apparently an issue of fact as to whether or not, as to those installments of rent, the plaintiff waived its right to receive its rental in cash. For the foregoing reason, we conclude that a summary judgment should not have been granted. *193 Section 83.21, F.S.1965, F.S.A., formerly provided: “The landlord, his attorney, his legal representative, agent or assigns, applying for the removal of any such tenant, shall make and file with the county judge of the county wherein the premises are situated, a petition in writing, and under oath, stating the facts which so authorize the removal of any tenant, and describing the premises.” At the 1967 session of the legislature, F.S. Section 83.21, F.S.A., was amended to read as follows: “The landlord, his attorney or agent, applying for the removal of any tenant, shall file a complaint stating the facts which authorize the removal of the tenant, and describing the premises in...

...51.-011(1)” and that, “the factual allegations set forth in paragraphs 1 through 8 of Count I of the Complaint are taken as true as a result of the default of Defendant, Rockledge Bar-B-Q, Inc.” The pertinent Landlord/Tenant statutes provide: Section 83.21, Removal of tenant: The landlord, his attorney or agent, applying for the removal of any tenant, shall file a complaint stating the facts which authorize the removal of the tenant, and describing the premises in the proper court of the...

former lessee’s laundry equipment, violated section 83.21, Florida Statutes (2016), which requires the

...invoices and accepting his rent payments. Harborage Land also contacted him to discuss his use of the property while the eviction proceedings were pending. We recognize that a landlord or its agent may file a complaint seeking removal of a tenant. See § 83.21, Fla....

provided” in section 51.011, Florida Statutes (2018). § 83.21, Fla. Stat. (2018). Section 51.011 provides for