The money is not the subject of the suit and is recoverable, if at all, only as a component of money damages. See Geany v. Packers of Indian River, Inc., 660 So.2d 1144 (Fla. 4th DCA 1995) (holding that court erred in requiring appellant to deposit sale proceeds into court registry where underlying suit involved lien on items sold rather than sale proceeds). REVERSED.
In an action in which any part of the relief sought is a judgment for a sum of money or the disposition of a sum of money or the disposition of any other thing capable of delivery, a party may deposit all or any part of such sum or thing with the court upon notice to every other party and by leave of court. Money paid into court under this rule shall be deposited and withdrawn by order of court. This rule is voluntary in nature, see Pomponio, 378 So.2d at 780 n. 39; Morroni v. Fisher, 647 So.2d 127, 129 (Fla. 2d DCA 1994), but the rule is inapplicable where the money in question is not the subject of the litigation, see Morroni 647 So.2d at 129 (citing rule 1.600 and Wincast Assocs., Inc. v. Hickey, 320 So.2d 17 (Fla. 4th DCA 1975)); Geany v. Packers of Indian River, Inc., 660 So.2d 1144, 1145 (Fla. 4th DCA 1995) (citing Wincast Assocs., Inc.). The first problem in this case is that only parts of the monies deposited into the court registry were the subject of the litigation.
Here, the tenant deposited the funds in the registry without sanction of the court or notice to any other party. As the Fourth District asserted in Geany v. Packers of Indian River, Inc., 660 So.2d 1144 (Fla. 4th DCA 1995), "[t]he authority conferred on a court to order a deposit of money or property does not apply if the money in the possession of the party is not the subject of the litigation. . . .