Florida Statute 83.231 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 83
LANDLORD AND TENANT

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F.S. 83.231

83.231 Removal of tenant; judgment.—If the issues are found for plaintiff, judgment shall be entered that plaintiff recover possession of the premises. If the plaintiff expressly and specifically sought money damages in the complaint, in addition to awarding possession of the premises to the plaintiff, the court shall also direct, in an amount which is within its jurisdictional limitations, the entry of a money judgment in favor of the plaintiff and against the defendant for the amount of money found due, owing, and unpaid by the defendant, with costs. However, no money judgment shall be entered unless service of process has been effected by personal service or, where authorized by law, by certified or registered mail, return receipt, or in any other manner prescribed by law or the rules of the court, and no money judgment may be entered except in compliance with the Florida Rules of Civil Procedure. Where otherwise authorized by law, the plaintiff in the judgment for possession and money damages may also be awarded attorney’s fees and costs. If the issues are found for defendant, judgment shall be entered dismissing the action.

History.—s. 8, ch. 6463, 1913; RGS 3549; CGL 5413; s. 34, ch. 67-254; s. 1, ch. 87-195; s. 4, ch. 93-70; s. 441, ch. 95-147.

Note.—Former s. 83.34.

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F.S. 83.231 on Casetext

Amendments to 83.231

Arrestable Offenses / Crimes under Fla. Stat. 83.231

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 83.231.

Annotations, Discussions, Cases:

Cases Citing Statute 83.231

Total Results: 8

DESTINY FULFILLED OUTREACH MINISTRIES, INC. d/b/a LITTLE WALKER'S AT THE EARLY LEARNING CENTER v. INVESTMENTS SWK, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2023-03-15T00:53:00-07:00

Snippet: and noting that even if section 83.231 applied, fees under section 83.231 could be awarded only “where otherwise…Rule of Appellate Procedure 9.400(b) and section 83.231, Florida Statutes (2022). We deny the motion for…identify the legal basis for a fee award. Section 83.231 governs the removal of tenant and judgment in nonresidential…shall be entered dismissing the action. § 83.231, Fla. Stat. (2022) (emphasis added). Unlike…statute governing residential tenancies, 1 section 83.231 does not create a prevailing party’s right to recover

Pro-Art Dental Lab, Inc. v. V-Strategic Group, LLC

Court: Fla. | Date Filed: 2008-07-10T00:00:00-07:00

Citation: 986 So. 2d 1244

Snippet: Procedure in their entirety, not section 51.011. See § 83.231, Fla. Stat. (2006) ("[N]o money judgment may

Florida Department of Health & Rehabilitative Services v. Morse

Court: Fla. Dist. Ct. App. | Date Filed: 1998-04-01T00:00:00-08:00

Citation: 708 So. 2d 640

Snippet: . Morse argues that the 1995 version of section 83.231, Florida Statutes, authorizes the award and that…supported by expert testimony. We conclude that section 83.231, Florida Statutes (1995) is not applicable here…the propriety of the amount of the award. Section 83.231, Florida Statutes (1995), which relates to actions…recovery of possession and money damages,1 section 83.231 is simply inapplicable. The second barrier is. …recovery of possession) *642were included in section 83.231, there still could be no award of attorney’s fees

Walgreen Co. v. Catlin

Court: Fla. Dist. Ct. App. | Date Filed: 1995-01-25T00:00:00-08:00

Citation: 650 So. 2d 94

Snippet: fees which the landlord had filed, citing section 83.231, Florida Statutes (1993). It may have been the

Premici v. United Growth Properties

Court: Fla. Dist. Ct. App. | Date Filed: 1995-01-20T00:00:00-08:00

Citation: 648 So. 2d 1241

Snippet: SHARP, JJ., concur. NOTES [1] Section 83.231 provides: 83.231 Removal of tenant; judgment. If the

BYTE INTERN. v. Maurice Gusman Trust

Court: Fla. Dist. Ct. App. | Date Filed: 1993-11-08T23:53:00-08:00

Citation: 629 So. 2d 191

Snippet: possession against the tenant Byte pursuant to section 83.231, Florida Statutes (1991). Money damages were neither…award of attorney's fees and costs. Section 83.231 provides in part: If the issues are found for plaintiff…Representatives on the final passage of section 83.231, Florida Statutes (1991) reflects this construction…Section 1 on page 2 of the bill, the Florida Statute 83.231 provides that "the plaintiff in the judgment

Wenboy Ltd. Partnership v. Rockledge Bar-B-Q, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1993-06-04T00:00:00-07:00

Citation: 619 So. 2d 414

Snippet: summary procedure provided in § 51.011. Section 83.231, Removal of tenant; judgment: If the issues are

Del Percio v. City of Daytona Beach

Court: Fla. Dist. Ct. App. | Date Filed: 1984-03-28T23:53:00-08:00

Citation: 449 So. 2d 323

Snippet: CITY OF DAYTONA BEACH, Respondent. Nos. 83-155, 83-231. District Court of Appeal of Florida, Fifth District…State, 50 So.2d 179 (Fla. 1951). 83-155, 83-231 District Court of Appeal of Florida fladistctapp