Summary
holding tenant’s pending motion for determination of rent precluded entry of the default final judgment of removal
Summary of this case from Kaufman v. High Seas, LLCOpinion
No. 3D21-2050
11-10-2021
Natasha PRINCE, Appellant, v. MCR APTS. 1, LLC, etc., Appellee.
Legal Services of Greater Miami, Inc., and Sean Rowley, for appellant. Langbein and Langbein, P.A., and Leslie W. Langbein, for appellee.
Legal Services of Greater Miami, Inc., and Sean Rowley, for appellant.
Langbein and Langbein, P.A., and Leslie W. Langbein, for appellee.
Before EMAS, MILLER, and LOBREE, JJ.
UPON CONFESSION OF ERROR
PER CURIAM.
Appellant, Natasha Prince, the tenant, challenges an order of default and final judgment of removal rendered in favor of appellee, MCR Apartments 1, LLC d/b/a Casa Matias, the landlord. Upon the landlord's proper and commendable confession of error, along with our own independent review of the record, we conclude the tenant's motion for determination of rent, pending and unresolved in the trial court, precluded entry of the judgment. See Axen v. Poah Cutler Manor, LLC, 323 So. 3d 800, 801 (Fla. 3d DCA 2021) (finding a tenant's undisposed-of, timely-filed motion to determine rent precluded entry of a final judgment based on nonpayment). Hence, we reverse and remand for further proceedings.
Reversed and remanded.