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Florida Statute 66.041 - Full Text and Legal Analysis
Florida Statute 66.041 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 66.041 Case Law from Google Scholar Google Search for Amendments to 66.041

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 66
EJECTMENT
View Entire Chapter
66.041 Betterment, petition.If a judgment of eviction is rendered against defendant, within 60 days thereafter, or if he or she has appealed, within 20 days after filing the mandate affirming the judgment, defendant may file in the court in which the judgment was rendered a petition setting forth that:
(1) Defendant had been in possession and that he or she or those under whom defendant validly derived had permanently improved the value of the property in controversy before commencement of the action in which judgment was rendered;
(2) Defendant or those under whom defendant validly derives held the property at the time of such improvement under an apparently good legal or equitable title derived from the English, Spanish, or United States Governments or this state; or under a legal or equitable title plain and connected on the records of a public office or public offices; or under purchase at a regular sale made by an executor, administrator, guardian or other person by order of court; and
(3) When defendant made the improvements or purchased the property improved, he or she believed the title which he or she held or purchased to the land thus improved to be a good and valid title. The petition shall demand that the value of the improvements be assessed and compensation awarded to defendant therefor.
History.RS 1516; GS 1971; RGS 3239; CGL 5047; s. 2, ch. 29737, 1955; s. 21, ch. 67-254; s. 349, ch. 95-147.
Note.Former s. 70.06.

F.S. 66.041 on Google Scholar

F.S. 66.041 on CourtListener

Amendments to 66.041


Annotations, Discussions, Cases:

Cases Citing Statute 66.041

Total Results: 6  |  Sort by: Relevance  |  Newest First

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Seddon v. Harpster, 438 So. 2d 165 (Fla. 5th DCA 1983).

Cited 5 times | Published | Florida 5th District Court of Appeal

...rial court to enter a final judgment in favor of the Seddons entitling them to the disputed property. Seddon v. Edmondson, 411 So.2d 995 (Fla. 5th DCA 1982). A final judgment of eviction pursuant to this court's mandate was rendered on May 13, 1982. Section 66.041, Fla....
...dant from real property or within a more limited period (20 days) after an appeal by such defendant has failed its objective. Volusia Fern Company, Inc. v. Cox, 393 So.2d 1126 (Fla. 5th DCA 1980); Bailey v. Bailey, 114 So.2d 804 (Fla. 1st DCA 1959). Section 66.041, Florida Statutes (1981), [3] clearly states that a petition for betterment is to be filed within sixty days after a judgment of eviction is rendered against a defendant....
...Because the trial court was without jurisdiction to "consolidate" allegations in the *169 pleadings in the completed case number 75-1437 with case number 82-1318, the order of consolidation and the order adding parties defendant in case no. 75-1437 are QUASHED. DAUKSCH and FRANK D. UPCHURCH, Jr., JJ., concur. NOTES [1] § 66.041, Fla....
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Brown v. Johns, 312 So. 2d 526 (Fla. 1st DCA 1975).

Cited 3 times | Published | Florida 1st District Court of Appeal

...Lake Boulevard Sponge Exchange Co., 1938, 133 Fla. 740, 183 So. 7; Hedges v. Lysek, Sup.Ct.Fla. 1955, 84 So.2d 28. [3] See Chapter 66, Florida Statutes. [4] Cowgill v. Hopkins, Sup.Ct.Fla. 1951, 52 So.2d 343; Bridgehead Land Co. v. Hale, 1940, 145 Fla. 389, 199 So. 361. [5] F.S. 66.041-66.101....
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Paxson v. Collins, 100 So. 2d 672 (Fla. Dist. Ct. App. 1958).

Cited 1 times | Published | District Court of Appeal of Florida

Section 11, Florida Constitution, F.S.A.; Section 66.41 Florida Statutes 1955, F.S.A. The cases of the
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Centennial Homeowners Assn. v. Dolomite Co., 47 So. 3d 863 (Fla. 3d DCA 2010).

Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 15565, 2010 WL 3985299

...rt granted. The final order of ejectment was stayed pending resolution of Centennial's appeal, which this Court decided in Dolomite's favor. Two months after this Court's decision, Centennial filed a Betterment action in the trial court, pursuant to section 66.041, et seq., Florida Statutes (2009)....
...The Betterment cause of action was created to prevent unjust enrichment by compensating a party that has lost an ejectment case for any value of improvements that were made by the losing party and are received by the successful party along with the land. Section 66.041 provides: If a judgment of eviction is rendered against defendant ......
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Centennial Homeowners Ass'n v. Dolomite Co., 96 So. 3d 954 (Fla. 3d DCA 2012).

Published | Florida 3rd District Court of Appeal | 2012 Fla. App. LEXIS 11970, 2012 WL 3023095

ROTHENBERG, J. Centennial Homeowners Association, Inc. (“Centennial”) appeals from an order granting Dolomite Co., Inc.’s (“Dolomite”) motion in limine to exclude evidence in Centennial’s betterment action, filed pursuant to section 66.041, et seq., Florida Statutes (2009), and from a final judgment entered in favor of Dolomite following a jury trial....
...In 2008, Dolomite obtained a final judgment of ejectment against Centennial, and in 2010, this Court per curiam affirmed the final judgment of ejectment. Centennial Homeowners Ass’n v. Dolomite Co., 30 So.3d 506 (Fla. 3d DCA 2010). Centennial filed a timely betterment action against Dolomite, pursuant to section 66.041, et seq., Florida Statutes (2009)....
...value of improvements that were made by the losing party and are received by the successful party along with the land.” Centennial Homeowners Ass’n v. Dolomite Co., 47 So.3d 863, 864 (Fla. 3d DCA 2010) (emphasis added). Specifically, pursuant to section 66.041(3), the party filing the betterment petition must establish that when he or she “made the improvements or purchased the property improved, he or she believed the title which he or she held or purchased to the land thus improved to be...
...eved it held good and valid title to the improved land. Under these circumstances, the trial court properly excluded evidence as to the developer’s permanent improvements to the common areas, as Centennial cannot establish the factors set forth in section 66.041. Accordingly, we affirm the order granting the motion in limine and the final judgment entered in favor of Dolomite. Affirmed. . Section 66.041 provides: Betterment, petition....
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Volusia Fern Co. v. Cox, 393 So. 2d 1126 (Fla. 1st DCA 1980).

Published | Florida 1st District Court of Appeal | 1980 Fla. App. LEXIS 17880

EVANS, VERNON W., Associate Judge, concur. . Section 66.041, Florida Statutes (1977), provides: If a judgment

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