Opinion
Case No. 3D02-700
Opinion filed September 25, 2002.
An Appeal from the Circuit Court for Miami-Dade County, Jeffrey D. Swartz, Judge. Lower Tribunal No. 02-3058.
Brooks, Hermelee Geffin, and Gary Brooks, for appellants.
Ronald S. Lowy, Miami Beach, for appellees.
Before SCHWARTZ, C.J., and GERSTEN and SORONDO, JJ.
Affirmed.
GERSTEN and SORONDO, JJ., concur.
SCHWARTZ, Chief Judge (dissenting).
I believe that the Landlord-Tenant Act does not apply to this action and — even more obviously — does not do so as a matter of law, as the trial court held. See Friedman v. Geiger, 314 So.2d 189 (Fla.3d DCA 1975); Pensacola Wine and Spirits Distillers, Inc. v. Gator Distributors, Inc., 448 So.2d 34 (Fla. 1st DCA 1984). Hence, I would reverse the default judgment entered below under section 83.60(2), Florida Statutes (2000), because the appellants did not pay the "rent" allegedly due into the registry of the court.