Toma v. Botton

Full title: FRANK P. TOMA, PETITIONER, v. SAMY BOTTON, RESPONDENT

Court: District Court of Appeal of Florida, Fourth District

Date published: May 1, 1991

578 So. 2d 68 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-1442.

May 1, 1991.

Petition for writ of certiorari to the Circuit Court for Broward County; Estella M. Moriarty, Judge.

Frank P. Toma, pro se.

Scott J. Jontiff of Hollander Associates, P.A., Hollywood, for respondent.

PER CURIAM.

The petition is denied.

LETTS and GUNTHER, JJ., concur.

ANSTEAD, J., dissents with opinion.

ANSTEAD, Judge, dissenting.

I would grant certiorari and quash the order of the circuit court affirming the county court's order which erroneously prohibited the petitioner from asserting defenses to his landlord's eviction action. See City of St. Petersburg v. Competition Sails, Inc., 449 So.2d 852 (Fla. 2d DCA 1984); and Multach v. Adams, 418 So.2d 1254 (Fla. 4th DCA 1982).