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City v. Smith

District Court of Appeal of Florida, Third District
Aug 6, 1997
698 So. 2d 320 (Fla. Dist. Ct. App. 1997)

Summary

stating that county judge was required to issue an immediate writ of possession pursuant the mandatory terms of section 83.232

Summary of this case from 214 Main Street Corp. v. Tanksley

Opinion

Case No. 97-2070

Opinion filed August 6, 1997. Rehearing Denied September 10, 1997

A Writ of Certiorari to the Circuit Court for Dade County, Appellate Division, Philip Bloom, Steven D. Robinson, Margarita Esquiroz, Judges.

A. Quinn Jones, III, City Attorney and Theresa L. Girten and Warren Bittner, Assistant City Attorneys, for petitioner.

Kris E. Penzell, for respondent.

Before SCHWARTZ, C.J., and SORONDO, J., and BARKDULL, Senior Judge.


Pursuant to the mandatory terms of section 83.232(5), Florida Statutes (1995), the county court judge was required to issue an immediate writ of possession for the premises involved in this case. Courthouse Tower, Ltd. v. Manzini Assocs., 683 So.2d 215 (Fla. 3d DCA 1996), and cases cited. Since the action of the circuit court in denying the landlord's application for review of the decision to the contrary was thus itself a clear departure from the essential requirements of the law resulting in an injustice to the landlord, see Haines City Community Dev. v. Heggs, 658 So.2d 523 (Fla. 1995), we quash that decision and order the circuit court forthwith to order the county court to issue such a writ immediately.

Certiorari granted.

This order shall take effect immediately and without regard to the pendency or disposition of any motion for rehearing in this court or any other proceeding in either of the lower courts.


Summaries of

City v. Smith

District Court of Appeal of Florida, Third District
Aug 6, 1997
698 So. 2d 320 (Fla. Dist. Ct. App. 1997)

stating that county judge was required to issue an immediate writ of possession pursuant the mandatory terms of section 83.232

Summary of this case from 214 Main Street Corp. v. Tanksley
Case details for

City v. Smith

Case Details

Full title:CITY OF MIAMI, PETITIONER, vs. FRANK SMITH, RESPONDENT

Court:District Court of Appeal of Florida, Third District

Date published: Aug 6, 1997

Citations

698 So. 2d 320 (Fla. Dist. Ct. App. 1997)

Citing Cases

Blandin v. Bay Porte

947 So.2d at 492. See also City of Miami v. Smith, 698 So.2d 320 (Fla. 3d DCA 1997) ("Pursuant to the…

214 Main Street Corp. v. Tanksley

Cases addressing this statute support the view that the Landlords here are entitled to a writ of possession.…