From Casetext: Smarter Legal Research

Gomes v. LeGrand

District Court of Appeal of Florida, First District
May 1, 1990
560 So. 2d 389 (Fla. Dist. Ct. App. 1990)

Summary

holding that complaint that alleged existence of agreement to pay rent and failure to pay that rent stated cause of action

Summary of this case from Good to Go Food Store, Inc. v. LRM Realty, LLP

Opinion

No. 89-1019.

May 1, 1990.

Appeal from the Circuit Court, Duval County, Dorothy H. Pate, J.

Carl G. Swanson, Baldwin, for appellant.

Clyde M. Collins, Jr., Jacksonville, for appellee.


Anthony Gomes appeals from a final judgment granting Ron LeGrand's petition for writ of possession of certain real property pursuant to a proceeding brought under chapter 83, Florida Statutes (1987). Appellant raised two issues on appeal. We affirm on both.

In his first issue, Anthony Gomes challenges the trial court's determination that the agreement between the parties constituted a rental agreement separate and apart from an agreement for the purchase and sale of real property, which rental agreement was subject to the provisions of chapter 83, Florida Statutes (1987). Gomes' contention that the agreement must be construed and treated as a mortgage was rejected by the trial court and we agree that the ruling of the trial judge was correct.

Gomes' second issue on appeal is that the complaint for relief under chapter 83 failed to state a cause of action. This argument is without merit as the complaint properly stated an agreement to pay rent and the failure to pay that rent in accordance with chapter 83, Florida Statutes (1987).

The appellant raised no issue directed toward the sufficiency or competency of evidence considered by the trial court.

The judgment of the trial court is AFFIRMED.

SHIVERS, C.J., and WIGGINTON, J., concur.


Summaries of

Gomes v. LeGrand

District Court of Appeal of Florida, First District
May 1, 1990
560 So. 2d 389 (Fla. Dist. Ct. App. 1990)

holding that complaint that alleged existence of agreement to pay rent and failure to pay that rent stated cause of action

Summary of this case from Good to Go Food Store, Inc. v. LRM Realty, LLP

holding that complaint that alleged existence of agreement to pay rent and failure to pay that rent stated cause of action

Summary of this case from Good to Go Food Store, Inc. v. LRM Realty, LLP
Case details for

Gomes v. LeGrand

Case Details

Full title:ANTHONY GOMES, APPELLANT, v. RON LeGRAND, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: May 1, 1990

Citations

560 So. 2d 389 (Fla. Dist. Ct. App. 1990)

Citing Cases

Good to Go Food Store, Inc. v. LRM Realty, LLP

See Fla. R. Civ. P. 1.900(b) (providing that "forms are sufficient for the matters that are covered by them.…

Good to Go Food Store, Inc. v. LRM Realty, LLP

So long as the substance is expressed without prolixity, the forms may be varied to meet the facts of a…